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The Post-Dispatch wins the mainstream media prize for finally picking up on one of the most interesting aspects of the Better Government Association’s suit against the governor’s office. The BGA, you will recall, unsuccessfully filed a FOIA for the release of federal subpoenas. Now, the group has gone to court.

[Attorney General Lisa] Madigan’s office has a constitutional mandate to represent state elected officials in legal disputes and so ultimately could end up defending Blagojevich in court in the lawsuit.

That bit of news was a big part of Thursday’s Capitol Fax and will be addressed in my syndicated column on Monday.

As “Bill” noted in comments early this morning, this whole thing could become quite amusing.

If the USA really wants the administration to keep quiet about these subpoenas will he file an amicus brief on behalf of the defendant? Will he be deposed or called to testify by the AG in her role as the governorâ€™s lawyer? How this plays out will be much more amusing than the actual documents in question.

An old pal who worked for Jim Ryan told me yesterday that when the governor is sued he does have a right to select his own counsel.

However, in cases where the Governor is a direct defendant, I believe he has a heightened right to his own lawyer. The AG, in those cases, only can veto in limited circumstances. If memory serves me, I believe I remember this issue because of a previous BGA lawsuit where George Ryan was being sued and GR wanted Thompson as lawyer. Internally, we wanted Jim Ryan to veto but the lawyers walked me through the law and the language when the Gov himself was being sued. I recall it was straightforward. I think we ended up allowing the appointment but limiting the amount per hour that could be charged at the standard state rate.

The difference this time is that the BGA sued the office, not the individual. And AG Madigan’s office was pretty adamant about not farming this case out to a special AG.

Should be fun.

*** UPDATE *** WBBM Radio’s Bob Roberts moves the ball a little further along.

Despite that, Smith said, there is no question that Madigan’s office has the authority to, in essence, defend against its own opinion.

Blagojevich spokesperson Abby Ottenhoff is not so sure.

“That still has to be determined,” Ottenhoff said. “The attorney general’s office has taken a public position on this.”

I don’t think the conflict of interest argument will work. Ask the guys at IDOT.

posted by Rich Miller
Friday, Jan 5, 07 @ 5:26 am

Comments

I’ll take a bucket of popcorn and a large soda. sssshhh, the show is about to start.

Comment by state worker #1 Friday, Jan 5, 07 @ 5:59 am
It’s probably a good idea for the BGA to pursue this in light of future investigations they may undertake.

But it’s another distraction in re Blago.

The feds need to start working a little harder and either bring some indictments or stand down.
We pay their salaries as well as Blago’s and taxpayers deserve some closure on the indictment/ no indictment question which, despite their protestations of innocence, is likely preoccupying many high-level civil servants in the current administration. The prospect of the media camped outside your house talking about your upcoming trial can’t be fun, even to those with the toughest political hides.

Comment by Cassandra Friday, Jan 5, 07 @ 8:52 am
Cassandra -

Why should “high-level civil servants” be worrying if they have done nothing wrong?

The Fed’s will show up when they are ready. P. Fitz is know to put together very organized, rock solid indictments. It ain’t dinner time until he rings the bell.

I would be hard pressed to believe his mandate would be to perform an abbreviated investigation just to save the the tax payers money.

Cassandra - If you think about it for a moment, the results of what the Feds are doing is to eliminate corruption and misuse of public resources. Resources such as the tax payers money.

Comment by Papa Legba Friday, Jan 5, 07 @ 9:31 am
Can we start impeachment proceedings yet?

Comment by Squideshi Friday, Jan 5, 07 @ 10:23 am
How can Governor Corruptovich efficiently run our “BIG” state as reminded us many times during his campaign. When he is so busy covering his royal butt 24/7?
And what about his promise of “No more business as usualâ€?
Rod and ilk have just taken Illinois politics and new and disgusting level.

Comment by All The Kingâ€™s Men Friday, Jan 5, 07 @ 10:36 am
Lisa wants control of this mess,
Since that serves her interests best.
She may be conflicted,
But she ainâ€™t restricted
From putting Rodâ€™s bowels in distress.

Comment by Limerick Friday, Jan 5, 07 @ 10:55 am
This will be amusing, indeed, especially since Madigan and Blagojevich are on opposite sides in terms of the hospital charity care issue.

I like it, though. These squabbles within are the closest thing we have to two parties in Illinois. Thank goodness they’re bickering amongst themselves. Got some checks and balances that way, at least. lol

Comment by Angie Friday, Jan 5, 07 @ 11:53 am
Do Ms. Nix and Ms. Ottenhoff have law degrees or are they licensed attorneys?
If not, enough of the stonewalling already!

Comment by Just Curious ? Friday, Jan 5, 07 @ 12:02 pm
Cassandra:

Keep it coming, you’re on point!

Comment by One_Mcmad Friday, Jan 5, 07 @ 4:23 pm
- Limerick - Friday, Jan 5, 07 @ 10:55 am:

Lisa wants control of this mess,
Since that serves her interests best.
She may be conflicted,
But she ainâ€™t restricted
From putting Rodâ€™s bowels in distress.

LOL, LOL, LOL, LOL!

Comment by One_Mcmad Friday, Jan 5, 07 @ 4:25 pm
Whether or not those high level civil servants have done something wrong is not the issue.

Abuse of prosecutorial discretion is not unheard of in this country and it’s possible that high level civil servants could have some type of investigation hanging over them because they were in a certain meeting, or had some other tangential involvement with what is being investigated.

Let me be clear. I don’t like Blagojevich. I think he is an old-time corrupt Chicago pol in semi-modern clothing. I think many of his staff are ethically challenged at best. But I also don’t think the interests of Illinois taxpayers are well served by a Whitewater-type investigation
whereby unlimited resources are given to a public prosecutor to probe endlessly.

Who’s watching the watchers, whether they are in Fitzgerald’s office or over at our Illinois IG, where political hacks reign supreme.

Comment by Cassandra Friday, Jan 5, 07 @ 6:41 pm