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Brady asks judge to dismiss McCann’s lawsuit

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Illinois

Senate Republican Leader Bill Brady on Wednesday asked a federal judge to dismiss a lawsuit brought by Sen. McCann, who said he was kicked out of the GOP caucus after launching his governor bid.

McCann contended Brady violated his right to free speech because he no longer has access to Republican legislative staff and other support services he previously received. McCann said as a result, his constituents now have a senator that “is only allowed to participate to a severely limited degree.”

Attorneys for Brady countered in court documents filed Wednesday that he has “legislative immunity” to make decisions about how staff and resources are distributed within his caucus. They argued the lawsuit “opens the door for a federal court to engage in extraordinary micromanaging of the internal affairs of elected state legislators.”

Brady also contended that McCann is able to fulfill all of his duties as a state senator, saying he still has full voting rights, the help of an assistant and access to a bureau that helps lawmakers prepare bills.

Thoughts?

posted by Rich Miller
Thursday, May 10, 18 @ 11:19 am

Comments

I’ve said it before but I’ll repeat: If they’re going to deny him staff services then they should give him a budget to fund it himself beyond his district allowance which is intended for (surprise) district expenses.

To completely cut him off is such a Rauner move.

Comment by Just Me Thursday, May 10, 18 @ 11:27 am
I still don’t know what resources McCann doesn’t have access to besides photographers.
While Brady might have a point about micromanaging, the arrogance inherent in the phrase “legislative immunity” rubs me the wrong way and makes me want him to fail just on principle.

Comment by Perrid Thursday, May 10, 18 @ 11:27 am
Isn’t McCann’s lawsuit mostly about McCann’s legislative salary?

Comment by Mama Thursday, May 10, 18 @ 11:30 am
Perrid, not to be rude, but how much experience do you have with the General Assembly?

Staff resources include writing bill analyses for every single piece of legislation that Senators vote on. A Senator doesn’t have time to read a 35-page bill, the staff do that and summarize it into a 1-3 page document. A single day can have anywhere between 20-200 votes. Staff help Senators keep themselves organized and ensure they know what they’re doing.

I can’t imagine being a Member of the General Assembly without staff assistance. It would be overwhelming, especially in the Senate where there is very little debate.

Comment by Just Me Thursday, May 10, 18 @ 11:36 am
No, he’s getting paid. However, if cut off from caucus services he won’t get bill analysis (big) or press services.

Comment by Lt Guv Thursday, May 10, 18 @ 11:39 am
He wants access to mailing lists.

Comment by Anonymous Thursday, May 10, 18 @ 11:44 am
“Brady also contended that McCann is able to fulfill all of his duties as a state senator, ”

If Brady’s statement is true, Brady should give McCann access to the mailing list, etc. Right?

Comment by Mama Thursday, May 10, 18 @ 11:56 am
If those e-mail lists are kept on government servers but are used for other purposes, then the Senate Republicans have a bigger problem on their hands.

Just give him a budget and tell him to hire his own “staff” and be done with it.

Comment by Just Me Thursday, May 10, 18 @ 11:56 am
Maybe they should just do away with caucus allowances and fund services that are for all members of the General Assembly. Why should taxpayer dollars fund political party operations, which is what these caucus allowances are at a micro level.

Comment by Say not to big government Thursday, May 10, 18 @ 11:59 am
McCann will generate little public sympathy for this. The public wants nothing to do with Springfield in times such as these. This can easily be perceived as an exclusively Springfield problem.

Comment by People Over Parties Thursday, May 10, 18 @ 12:05 pm
Why isnt he suing the democrats too? Are democratic senators who do not have access to GOP resources able to sue Brady?

It seems to me that if McCann is going to work against the Republican Party candidate it is natural that he should not have access to these things

Comment by Anon Thursday, May 10, 18 @ 12:18 pm
Elections have consequences.

Announcing one’s candidacy for an election also has consequences.

– MrJM

Comment by @misterjayem Thursday, May 10, 18 @ 12:21 pm
Maybe it’s time to take all that money and services out of the control of the leaders, doled out by party affiliation. Every legislator is elected to serve his constituents, regardless of party. Every one of them should have equal access to the support services in question. This has opened my eyes because that’s how I thought support services worked in the first place. Kicking someone out of a caucus should only mean you don’t get to attend meetings to discuss party voting decisions.

Comment by Thoughts Matter Thursday, May 10, 18 @ 12:22 pm
–Isn’t McCann’s lawsuit mostly about McCann’s legislative salary?–

It’s mostly about generating news coverage for Fightin’ Sam McCann vs. The Springfield Swamp Monsters while he’s circulating his petitions.

Real bonehead move by Rauner and Brady to give him the oxygen over such petty stuff.

Comment by wordslinger Thursday, May 10, 18 @ 12:23 pm
IMHO, McCann’s lawsuit will be thrown out, but the “legislative immunity” argument is stretch. What he spends money on is governed by law (including the appropriation). As leader, he makes spending decisions just as any other organization leader does. His status as legislator doesn’t grant him unfettered control over expenditures. But Sam doesn’t have a good argument that Brady has violated any law.

Comment by Norseman Thursday, May 10, 18 @ 12:26 pm
It’s too bad you don’t allow curse words here because the things I want to say about Bill Brady would totally get my IP banned.

Comment by Anon Thursday, May 10, 18 @ 12:46 pm
This will be really helpful for McCann, no matter what, if McCann gets on the ballot.

They made McCann worth the time to talk about.

Being “Lee A. Daniels” petty will help.

Comment by Oswego Willy Thursday, May 10, 18 @ 12:49 pm
If committee staff was nonpartisan, as it is in many states, Sam might have an argument. But committee staff here work for the caucus, and are partisan. That’s good, bec it’s clear they work, doing bill analysis, drafting, etc,, to advance caucus interest. They also do analysis of the other sides bills. It is political and strategic. Leave the caucus, lose the insights. Sam still has nonpartisan Svs from LRB, LRU, COGFA

Comment by Langhorne Thursday, May 10, 18 @ 1:28 pm
–A Senator doesn’t have time to read a 35-page bill, the staff do that and summarize it into a 1-3 page document.–

LOL, I doubt if McCann will go with that argument.

That might engender sympathy in the House of Lords, but not from Illinois citizens voting for governor.

Comment by wordslinger Thursday, May 10, 18 @ 1:42 pm
Just on background: As a Former Committee-Approp Staffer, I concur with Just Me.

The bill analysis, committee help, and floor guidance in debate collectively is the most valuable legit services provided by caucus staff. At the moment, 5877 House bills, and 3610 Senate bills have been introduced this G.A. That doens’t count amendments and resolution. Back in my day, at least, (before members had laptops on their desks and cell phones came in bags) EVERY single one of those pieces of legislation had an analsys done by a staffer. Summary short summary. Who it was for. Fiscal impact. Who is for it. Who is against it. Has it been introduced in the past. Any other similar bills. Other states’ action. A more detailed explanation, and recommended caucus position (and why). Just like a nurse comes in before the doctor, and a judge doesn’t write their own opinions.

And for what its worth, this is also why I’m opposed to term limits. The learning curve in the G.A. is HUGE. It takes at least a term to relearn “School House Rock” its just a bill.

The power and influence I had as a young green 20-something staffer frightened me more than just a little. Take away the institutional knowledge of the GOOD Elected members who are public policy experts? That would be horribly frightening.

That being said, McCann should quit whining about a photographer.

Comment by FormerStaffer Thursday, May 10, 18 @ 3:00 pm
Former Staffer described it perfectly.

Comment by Lt Guv Thursday, May 10, 18 @ 3:04 pm
I suspect that Sam is more concerned about losing the press staffers, including photographer and web folks, than he is about bill analyses. I’d be surprised if he had any bills where he hasn’t already received the analysis.

Voting is not a real complicated process for these folks.

- Unless someone objects, a lot of bills get on an agreed bill or no debate list. Sam should be able to handle this without help.

- The caucuses have a list of desired positions. It doesn’t take a rocket scientist or an analysis for Sam to figure out. While Sam is persona non grata in the GOP caucus, I suspect he’ll follow their lead on a majority of votes.

- Lobbyist tell them how to vote. Sam has his list and plenty of talking points from his favorite lobbyists.

- Debate does in rare occasions perk a legislators interest. If it does happen, Sam could find a friendly Dem to advise him.

As Word and others have pointed out. Brady’s ham-handed action helps Sam’s quixotic crusade by giving him publicity more than it hurts his ability to function.

Comment by Norseman Thursday, May 10, 18 @ 3:32 pm
This is silly. I’m not an attorney, I don’t know if this is frivelous. McCann still gets his stipend for district staff and a Secretary in springfield. There is no law mandating access to caucus staff. I’m not even sure what news this is generating outside the capfax blogosphere. It’s silly.

Comment by Maxfaxington Thursday, May 10, 18 @ 3:51 pm
Sam, you picked a partner, now dance.

Comment by A guy Thursday, May 10, 18 @ 4:15 pm
“If those e-mail lists are kept on government servers but are used for other purposes, then the Senate Republicans have a bigger problem on their hands.”

You can bet your bippy those addresses are kept on government servers.

Comment by Anonymous Thursday, May 10, 18 @ 5:01 pm
Theres a difference between using taxpayer funds for political activities (illegal), and using taxpayer funds to provide for staffing the legislative process. Thats necessary, even if the outcome is rife w political ramifications. Thats why the general assembly exists. Want to get something passed? Get yourself 30 and 60.

Comment by Langhorne Thursday, May 10, 18 @ 6:24 pm
Sounds like something g that should be cut for the entire GA.

Comment by Ron Thursday, May 10, 18 @ 8:13 pm
Read the cited cases, if they get past immunity and the motion to dismiss…oh boy, discovery will be interesting.

Comment by Anonymice Thursday, May 10, 18 @ 8:18 pm
Oh, good grief… IPI and Proft would be more than happy to provide all the legislative analysis he would ever need /s

Comment by Right Field Thursday, May 10, 18 @ 9:48 pm
Don’t we already pay GA members to analyze legislation? What a fraud.

Comment by Ron Friday, May 11, 18 @ 8:29 am