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This just in… Governor sues House clerk * Updated with lawsuit text *

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Illinois

* 5:00 pm - Who will the governor sue next?

Gov. Rod Blagojevich today filed a lawsuit against the clerk of the Illinois House in an attempt to prompt faster consideration of the governor’s budget vetoes.

Blagojevich is asking a judge to order that his veto message be officially filed in the House record so that any override attempt can come quickly. Blagojevich used his amendatory veto power to cut $463 million out of the $59 billion spending plan.

The governor says that clerk Mark Mahoney, who is also Springfield’s Ward 6 alderman, should have entered the information into House records when the House met on Sept. 4.

Once that information is entered, the House would have only 15 days to act on the vetoes.

As I’ve told you before, the Constitution seems to require that the House read the governor’s budget message into the journal during last Tuesday’s session. The House claims that the Constitution’s requirement that the messages be read into the journal “immediately” can be interpreted different ways.

* 6:17 pm - Here are the documents…

* Complaint

* Memorandum in support of plaintiff’s complaint for mandamus

* Summons

posted by Rich Miller
Tuesday, Sep 11, 07 @ 5:02 pm

Comments

How can we extricate ourselves from this never-ending mess?

Comment by tired Tuesday, Sep 11, 07 @ 5:18 pm
To quote senator Blutarsky my advice to you is to start drinking

Comment by oneman Tuesday, Sep 11, 07 @ 5:24 pm
Who’s next on the lawsuit list? The cashier at the local Jimmy John’s?

I understand the Gov’s goal — to better define the process and simultaneously collectively poke the House in the eye — but the clerk?

Comment by Rob_N Tuesday, Sep 11, 07 @ 5:25 pm
Would someone PLEASE drop a net over him??

Comment by South of I-80 Tuesday, Sep 11, 07 @ 5:27 pm
Absolutely certifiable. Someone should check him in to someplace that treats those with severe problems.

Comment by Disgusted Tuesday, Sep 11, 07 @ 5:29 pm
*** This is a one-time warning ***

Every time the governor does things like this, some commenters get crazier than he is.

Let’s try to avoid hyperbolic, drive-by rantings, shall we? When he sued before, back when I was on vacation, I shut down comments for a week. I don’t want to have to monitor comments all night, so I’ll be quick to shut down this thread if y’all go too far.

Comment by Rich Miller Tuesday, Sep 11, 07 @ 5:31 pm
Which side is being represented by the AG?

Comment by Bill Tuesday, Sep 11, 07 @ 5:31 pm
Probably neither, Bill, as with the previous lawsuit.

Comment by Rich Miller Tuesday, Sep 11, 07 @ 5:32 pm
Southern Illinois has a nice institute, a great opportunity for the Governor to “visit” us down here.

Who will he sue next? House interns beware, he’s working his way down the house food chain. I do, however, wish they’d veto or something, this is getting a bit ridiculous, I’m sure there is more business that our leaders can be focusing on.

Comment by Frank Tuesday, Sep 11, 07 @ 5:38 pm
Actually, I think this is a reasonable lawsuit. I haven’t blogged on it yet, but the Governor does have a point. I don’t know the precedents or anything, but on the face of it, the Governor appears to be right.

Comment by archpundit Tuesday, Sep 11, 07 @ 5:39 pm
He is probably right, Larry. The question is, does he want to sue or does he get something done?

Comment by Rich Miller Tuesday, Sep 11, 07 @ 5:40 pm
This has gotten to be like the WWE!?

I don’t have any words to describe the depths of remorse I have for voting for this guy a few election cycles ago.

Does anyone else feel like “the people” in Illinois State government has long been gone from having their opinion and voices heard?

This is insulting and downright embarassing! Shame on everyone in this matter.

Comment by HelpMeUnderstand Tuesday, Sep 11, 07 @ 5:53 pm
the thing about the guv is that on the rare occassion when he does something meritorious (not that the suit against the house clerk is), people instantly think its a p.r. stunt or some cheap political manuever designed to make someone look bad or score some easy media coverage.

i guess my point is that if since 2003 he hadn’t punted on so many issues and acted so irrationally throughout his term, we wouldn’t constantly question his motives and his poll numbers wouldn’t be in the crapper.

Comment by Anonymous Tuesday, Sep 11, 07 @ 5:55 pm
Doesn’t the governor have anything better to do than to sue people who doesn’t do things the way he thinks they should be done.

Comment by Levois Tuesday, Sep 11, 07 @ 5:57 pm
It seems as if Rod has decided he just can’t get the hang of this “process” thing, and would rather the whole government be run from a judge’s courtroom. Which really boggles me because his track record in the courts in general has been very poor.

As far as Joe Voter, it sure sounds like a spoiled kid running to his mommy because the mean kids aren’t playing nice with him.

I’m not parliamentarian enough to say if the Speaker had a “right” to hold off on posting the vetos. I suspect he will get to that right after this road show where he’s going to lift up the sheet and show the public a good view of the carcass of the budget amendatory vetoes. Once the voting public is well repulsed and their ire pings the top of the meter, he will start bringing up votes for ech of these vetos, and bringing the damage right back to Blago and Jones.

Rod should recognize his own rope-a-dope boxing tactics coming back to hurt him. And make no mistake; this is hurting HIM, and Jones, not Madigan.

Just ask yourself this: if you ran a company and one of your managers ran his division like this, what would you think?

Comment by Gregor Tuesday, Sep 11, 07 @ 6:06 pm
He may not be the best governor, but at least Blagojevich’s heart is in the right place.

Comment by Frosty-Da-Snowman Tuesday, Sep 11, 07 @ 6:10 pm
Another lawsuit paid for by the taxpayers of Illinois.

Comment by Herself Tuesday, Sep 11, 07 @ 6:19 pm
Frosty -

I am sorry that blago has no heart. All he cares about is himself. If he had done his job and governed instead of trying to run the government by press release, none of this would have occurred.

Rathar than trying to get on a soap box and demonize his opponents, he ought to have been working with the House.

Rather than lurking around the edges, he ought to have been doing his job.

Comment by Huh? Tuesday, Sep 11, 07 @ 6:25 pm
I doubt this would be an issue if Emil had not reneged on his agreement with Madagin. All he needs to do is allow the Senate members to vote on the amend.vetoes (NO cute stuff) and my guess is the House would move promtly and the Senate could act and the sucker would be done. It IS the gov and Emil’s “deal” nullifying the trust that level of gov’t must have that created this “crisis”. Trust is the lifeblood of statesman, and we appear to have only one, Madagin. Emil and Blago are clearly to BLAME for this situation. Madagin’s “roadshow” should and probably will result in an outcome of Gov and Emil having to cave to the will of the citizens, finally!

Comment by A Citizen Tuesday, Sep 11, 07 @ 6:26 pm
While I wish somebody would give our governor something to do besides annoy the Speaker of the House, I do think it’s a good point to have clarified. Working with contract loose language, I’ve watched the state bicker with a union over the slightest room in exactly how a sentence is written and to how many ways it can be percieved to mean. I brought this up over on the SRJ comments a bit back. When you read the House Rules for vetoes it uses terms like ‘as soon as practical’ –so basically we have two items, a Constitution and a House Rule which are referring to the same thing but in different language. Define ‘immediately’ and ‘promptly’ ? While I believe the governor’s biggest hissy is over the scheduled hearings the Speaker is holding, I do think so it does not happen again, that the language needs to be ruled on.

Comment by Princeville Tuesday, Sep 11, 07 @ 6:37 pm
The governor may well find the judiciary as unwilling to be dictated to as the Speaker. But I do hope they clarify this issue by January or so, depending on their schedules.

Comment by A Citizen Tuesday, Sep 11, 07 @ 6:43 pm
Can’t comment right now - laughing too hard.

Comment by Little Egypt Tuesday, Sep 11, 07 @ 6:53 pm
Does anyone know if the Summons was successfully served upon Mahoney?

Comment by Little Egypt Tuesday, Sep 11, 07 @ 7:12 pm
The comments here seem to be pretty one-sided. On it’s face, the lawsuit seems totally correct. Basically, Madigan is playing games with the clear language of the Constitution to try to stir up commotion over the veto. Histrionics over a meritorious lawsuit, but nobody here wants to quibble about NINETEEN hearings for feeders at the trough to complain that tax $$$ weren’t tossed their way? Everybody seems to be playing political games with tax money, not just the Gov.

Comment by Anonymous Tuesday, Sep 11, 07 @ 7:27 pm
Read the .pdf of the complaint, are we sure Rod read point two? Something there sounds awfully familiar.

I am sure Rod felt a thrill when reading point 6.

Comment by Gregor Tuesday, Sep 11, 07 @ 7:30 pm
- Anonymous -
Without the “Games” by Blago and Emil there would not be 19 hearings, just the AVs each being considered on merit by the House and the Senate members. Blago and Emil blocked that by their sleazy cutthroat sly “deal” not to hear the AVs in the Senate. Place the blame where it belongs, please.

Comment by A Citizen Tuesday, Sep 11, 07 @ 7:32 pm
If the gov thought his AVs could stand the scrutiny of our elected reps and senators, then why won’t he allow them to be addressed? He knows his actions were political warfare against his opponents and fatally lack merit so he can’t allow open and free consideration of his acts. They would not stand the scrutiny - that is why Madagin’s forced public revelations are so very important.

Comment by A Citizen Tuesday, Sep 11, 07 @ 7:37 pm
I just read some of the “Constitutional Stuff” and it seems to me that Emil MUST allow his members to vote on the AVs to determine if a 3/5 is achieved or not. Not allowing a vote does not appear to be an option, Constitutionally. Pot calls kettle black!

Comment by A Citizen Tuesday, Sep 11, 07 @ 7:50 pm
Love the part on the complaint on page 8 where it says “the govenor prays”……

when will the egos on all sides stop….

Comment by e V i L T Tuesday, Sep 11, 07 @ 8:17 pm
is the House in recess or adjournment?

“(b)…If recess or adjournment of the General Assembly prevents the return of a bill, the bill and the Governor’s objections shall be filed with the Secretary of State within such 60 calendar days. The Secretary of State shall return the bill and objections to the originating house promptly upon the next meeting of the same General Assembly at which the bill can be considered.

Comment by Ghost Tuesday, Sep 11, 07 @ 8:18 pm
I don’t have a problem with 19 hearings, I find it productive. I’m share many citizens are wondering why their senior bus was slashed as pork but that somebody else’s was not. The governor can spin his vetoes until his spokespeople run out of air-it’s pretty clear to the citizens that these cuts were selective punishment. I am alittle concerned though was the governor left it necessary to send out over 800 mass letters trash and bash. This lawsuit seems silly on the point that the governor screams he may have time to review and study items sent to him, yet he demands ‘immediate’ action on the House . Having read the remaining parts of the lawsuit the I’d just briefing viewed prior to my last posting, I think the governor went a bit over the top droaning on and on. Cut to the chase “Judge, what does immediately mean here in this sentence?”, that would have about wrapped it up.

So what if a judge does not hear this before the 19th of Sept.? Maybe the denfense can have Speaker Madigan testify as to what the “immmediately” was suppose to mean as he was apart of the 1970 Constitution.

Comment by Princeville Tuesday, Sep 11, 07 @ 8:26 pm
I see that Blago has the “supreme executive power” and that he is responsible for the faithful execution of the laws of the state of Illinois.

Can the thousands of people waiting for a decision on petitions for clemencies and pardons sue Rod for not faithfully executing the law by making decisions on the petitions that have been sitting for his entire term as Governor?

If the man could just lead, he wouldn’t be wasting thousands of tax dollars bringing lawsuits and defending his office from lawsuits. I think this governor is a joke. But I’m not laughing anymore.

Comment by vinron Tuesday, Sep 11, 07 @ 9:39 pm
i only hope the g moves g rod back onto their radar, now that family secrets is over, this is pathetic

Comment by dave the dude Tuesday, Sep 11, 07 @ 9:51 pm
Imagine if this guy lost an election, he’d sue everyone suspected of voting against him.

Comment by anon Tuesday, Sep 11, 07 @ 10:15 pm
Did you catch the part where Blagojevich is asking to have the Governor’s objections entered on the journal “nunc pro tunc to September 4, 2007″? I had to look it up but means the 15 day clock would start ticking on 9/4/07 as if it were entered then. Only lawyers can dream that stuff up.

Still, I agree that Madigan is the one playing games this time and it should have been read in then. But to sue the clerk? What’s the point? Does he not trust that Emil won’t call an override in the Senate? Is it all just about flexing muscles? Measuring testicular varility? It’s like two teenagers revving up their car engines at the stop light. Making a lot of noise but not really getting anywhere. (Yes, I’m including Madigan here. He’s more subtle about it and has more class, but he’s playing the same game none-the-less.)

Where are the “Re-elect nobody” bumper stickers!

Comment by PJ Tuesday, Sep 11, 07 @ 10:15 pm
who in the heck is advising this goof ?

Comment by axelrod Tuesday, Sep 11, 07 @ 10:27 pm
Bartman!

Comment by A Citizen Tuesday, Sep 11, 07 @ 10:42 pm
If “political arrangements to delay finality” on vetoed bills are unconstitutional, then what would you call Jones’ agreement not to call the vetoes for an override vote?

Comment by Lainer Tuesday, Sep 11, 07 @ 10:54 pm
My God, this thing has gotten well beyond merely being out of hand. I am at a loss for words to describe the Governor’s latest action.

Comment by Randall Sherman Tuesday, Sep 11, 07 @ 11:22 pm
A couple of things come to mind. This lawsuit could backfire on Blago if Maloney/MMadigan can prove that Jones does not intend to call the bill for override. So with the filing of this lawsuit, are we to assume that the filing of the first lawsuit did not bring the quick results Blago wanted so he is trying another avenue? The really sad thing about all of Blago’s antics is not just that they are childish and proof of no leadership ability but it is also proof that his first priority is not health care for the uninsured but rather destroying MMadigan. Don’t you wonder what MMadigan did to Blago when Blago was a rep that created this hatred?

Comment by Just My Opinion Tuesday, Sep 11, 07 @ 11:47 pm
Evilt, a prayer is commonplace in a complaint asking a court for relief.

Comment by Tony Scal Wednesday, Sep 12, 07 @ 12:29 am
Perhaps ? The next person sued should be the guv himself & on a wide variety of infractions, often mentioned or referred to in this ‘blog’. When is this lunacy going to end ???

Comment by annon Wednesday, Sep 12, 07 @ 5:35 am
Legislature? The governor doesn’t need no stinkin’ legislature! I just heard on CBS2 (see link on right) that the governor is going to do a short-term bailout of the CTA! The reporter says “it’s still unclear where the money wold come from”. Really??? Doesn’t he just have a bunch of money he can spend on whatever he wants? Like unilaterally expanding health care recently? Or stem cell reseach last year?

Are we on TV? Is this just a big psychology experiment to see how people react in certain situations? When are the adults going to come back to Springfield and say “We were just kidding… here’s the real governor and general assembly. Had you going for awhile, didn’t we!”

Comment by PJ Wednesday, Sep 12, 07 @ 6:28 am