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My syndicated newspaper column this week takes a look at the Better Government Association’s Freedom of Information Act lawsuit against the governor’s office and Lisa Madigan’s upcoming role.

Madigan will reportedly not be joining the Better Government Association’s lawsuit. Instead, Madigan likely will represent the governor’s office in the case.

Madigan is, per the state constitution, the state’s chief legal officer, and she therefore has the sole authority to represent any state official or office that is sued in an official capacity. The governor’s office can request that the AG appoint a special attorney general to handle this case, but Madigan reportedly will resist.

We got a taste of this sort of thing last fall when Madigan dumped the law firm she had appointed to defend some top Illinois Department of Transportation officials, including Transportation Secretary Tim Martin, in a case of alleged politically motivated firings. Madigan took over the case herself and began doing things that were pretty obviously not in the defendants’ best interests, but were in what she concluded to be the state’s best interests as a whole. For instance, Madigan began negotiations with the plaintiffs in the case to comply with their subpoenas, which Martin and the other defendants previously had fought tooth and nail, contending the subpoenas were “overly broad and burdensome.”

Martin and the other defendants sued, claiming Madigan had a conflict of interest, but a judge ruled in August that Madigan, as the state’s chief legal counsel, was “fully authorized to represent the state in this case.” A couple of months later, a different judge ordered Springfield attorney Mary Lee Leahy to give a deposition in the IDOT firing case, which Martin and his co-defendants had tried to block for months, contending they had an attorney-client privilege. Leahy had advised several state agencies, including IDOT, about hiring practices. After Madigan took over the IDOT case, she concluded there was no attorney-client privilege and didn’t argue against Leahy’s deposition.

The bottom line here is that we very likely will be treated to the spectacle of Lisa Madigan “defending” Rod Blagojevich’s office in a FOIA case where the plaintiffs are using Madigan’s own opinion to make their arguments that the subpoenas should be made public.

It’s gonna get real fun, real soon, campers.

posted by Rich Miller
Monday, Jan 8, 07 @ 6:55 am

Comments

you have to remember that the AG’s office is defending the state on a few other FOIA lawsuits. If she were to join with the BGA she could bring up legal issues that could be used against her in those cases.

Comment by anon Monday, Jan 8, 07 @ 8:45 am
I think she is beginning her run for Governor, and her best bet will be if Blago is out of the picture. If he gets indicted she can prove she was never on “his” side.

Comment by I can't believe we did it again Monday, Jan 8, 07 @ 9:04 am
Has anyone out there read Mary Lee Leahy’s deposition? It’s pretty good.

Comment by Bottom Line Monday, Jan 8, 07 @ 9:19 am
Bottom Line - Where can I go to read Leahy’s deposition?

Comment by maggiemae Monday, Jan 8, 07 @ 9:34 am
Oh what a tangled web we weave. Well I’m sure Blago’s people know the rest of the rhyme.

Comment by Anonymous Monday, Jan 8, 07 @ 10:24 am
An interesting aside…the Executive Director of the BGA was Pat Quinn’s General Counsel in the Lite Guv’s office during the first couple of years of the first term.

Comment by Niles Township Monday, Jan 8, 07 @ 11:15 am
Bottom Line - I am very interested in reading Mary Lee Leahy’s deposition. Where can I find it?

Comment by Rex Monday, Jan 8, 07 @ 12:07 pm
Where is our Attorney General? Haven’t seen her make a public appearance since….?

Comment by One_Mcmad Monday, Jan 8, 07 @ 1:04 pm
I have a copy but it should be on file with the United States District Court, Central District of Illinois, Springfield Division

Comment by Bottom Line Monday, Jan 8, 07 @ 1:50 pm
Like Rich outlined in his column, the Governor’s Office may have a good legal defense IF they are complying with the “request” of the U.S Attorney.

If this assertion is true, then only the U.S Attorney can order release of the subpoenas. No state court; Circuit Court of Cook County, Sangamon County, can trump federal law. Only federal court can order the U.S Attorney to act.

If a state court judge orders that the subpoenas should be released under the FOIA, the federal gov’t does not have to comply with an order of a state court judge only the state has to comply.

The BGA’s lawsuit can clarify what the Attorney General’s office has already made clear in the opinion written and signed by her Public Access Counselor, if the Attorney General can defend against her own opinion and when and how should a Special Attorney General be appointed.

However, IF the U.S Attorney “request” is in writing, the only way for the BGA and the public to obtain copies of the subpoenas is:

U.S Attorney Patrick Fitzgerald ordering that they do so or he comes forward with his investigations.

Comment by One_Mcmad Monday, Jan 8, 07 @ 1:51 pm
You are getting kind of mouthy there Mcmad. I wonder if you would say that directly to anyone’s face.

Comment by Rex Monday, Jan 8, 07 @ 2:08 pm
Well REX, I am a speaker of the truth. I tell the facts and thats it.

It is what it is my friend.

By the way, what’s not to be said to someone’s face. If someone has a problem with the truth, then……..

Are you stating that because it’s true?

Comment by One_Mcmad Monday, Jan 8, 07 @ 2:18 pm
This is not just fun; this is absolutely hilarious.

But this is great for Lisa Madigan to show how she truly can be an “independent” Attorney General, as her campaign ad went. She’ll have to do a good job here, because it is her job to do, but it is just so funny, because Lisa is working on this charity care issue regarding the non-profit hospitals here in Illinois, and Rod appears to be more tight with the hospitals in terms of helping them keep their tax exempt status, most likely because the IHA donated about a quarter of a million bucks to his campaign.

So, Lisa and Rod are on opposite sides on some issues, and now this. I mean, you couldn’t ask for more of a circus act than Illinois government. This should be a reality tv show.

And with all of the political hirings? They need to do an Apprentice Illinois where babysitters and close personal cronies of elected politicians vie for a job in government. That would be hilarious. Someone call Donald Trump. lol

Comment by Angie Monday, Jan 8, 07 @ 2:36 pm
Rod is a democrat and Lisa is a democrat.
The deals have already been cut, now it’s time for DAMAGE CONTROL.
Everyone’s just looking for a way to bury the WHOLE THING. With the least amount of individuals who go to prison. especially Milorad.

Comment by Come On Now..... Monday, Jan 8, 07 @ 3:17 pm
In response to 1:51 -

The U.S. Attorney’s office can only release or deny the release of things in its possession and under its control. The USAO could and would deny and request made to THEM for the subpoenas. Once they send documents to another party, however, the Feds don’t inherently have the ability to “order” the state to release/not release them.

Comment by Anon Monday, Jan 8, 07 @ 3:56 pm
Bottom line- why dont you just tell us what the deposition said it would save poor ole Rex a lot of time and trouble, tell us we need to know. Please

Comment by Anon Again Monday, Jan 8, 07 @ 3:57 pm
rich get that leahy paper.

Comment by howard Monday, Jan 8, 07 @ 4:32 pm
Rex 2:08

Find a different nickname - I have been using this one for some time.

Comment by Rex Monday, Jan 8, 07 @ 4:39 pm
I’m sure it will be a “vigorous” defense of the Guvs office by Lisa.

Comment by Papa Legba Monday, Jan 8, 07 @ 5:14 pm
Was it not leahy and current dir of TS who sat in an office at IDOT and decided how and who to get rid of at TS, she should be a defendant in the suit, she was and actor in the misbehavior even though she has a law degree she is still capable of breaking the law.

Comment by Ex Idoter Monday, Jan 8, 07 @ 9:53 pm
Ex-Idoter is that place in as much turmoil as we here about on the street

Comment by State E Monday, Jan 8, 07 @ 10:09 pm
I dont know where they got a couple of these guys(Sec and Dir TS)their own people cant stand them they are all so busy stabbing each other in the back they dont get much done

Comment by Ex Idoter Monday, Jan 8, 07 @ 10:22 pm
This sure is going to reinforce my lack of faith in this state’s leadership. Circus peanuts anyone?

Comment by Citizen A Monday, Jan 8, 07 @ 11:32 pm
Re: “Rex 2:08

Find a different nickname - I have been using this one for some time. ”

I seriously think we should all have to register so someone can’t post something as someone else. Due to the political nature of the forum, and since there are sometimes threats made regarding public officials, wouldn’t it be smarter and safer on everyone if it weren’t so easy for people to use someone else’s handle?

Rich can easily put suspicious stuff into moderation, but wouldn’t it just be so much more secure to have us all register and then login with a password to use your screen name? At least then, it would be easy to tell someone at one account that hey, they can’t select that other person’s screen name.

Just an idea. Rich has been having to ban people lately, and I just wonder if it might not be time for more people to suggest registration of some type? Just an idea.

Comment by Angie Tuesday, Jan 9, 07 @ 1:06 am