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* 1:51 pm - The Illinois Supreme Court has rejected Attorney General Lisa Madigan’s motion to remove Gov. Rod Blagojevich from office or strip his powers. The justices rejected the motion without comment.
* From AG Madigan…
Statement from Attorney General Lisa Madigan
I am disappointed in the Illinois Supreme Court’s decision.
Because of Governor Blagojevich’s refusal to resign, the State of Illinois is in an unsustainable situation. The serious criminal charges against Governor Blagojevich strike directly at the heart of his decision-making process and seriously impede his ability to legitimately exercise the powers of his office. Thus, while the U.S. Attorney’s Office and the impeachment process move forward, the State is left with a Governor who cannot make effective decisions on critical and time-sensitive issues.
The Illinois Constitution expressly gives the Supreme Court the authority to determine whether the Governor has the ability to serve. Given this constitutional provision, on behalf of the People of the State of Illinois, I sought relief in the Illinois Supreme Court to temporarily remove Governor Blagojevich so that the State could continue to function while the U.S. Attorney and the General Assembly proceed. The Constitution does not require the Illinois Supreme Court to act.
I am hopeful that the General Assembly will act with deliberate speed. It is imperative that we begin to restore the People’s confidence in their government.
* Press release from the two Republican legislative leaders…
Dear President Jones and Speaker Madigan:
In light of the Illinois Supreme Court’s rejection of the Attorney General’s request to remove Governor Blagojevich from office and the appropriately deliberative nature of the impeachment proceedings, we believe it is imperative that Illinois move immediately to set a Special Election date for the U.S. Senate vacancy.
Last week, you both scheduled special session dates to do just that. However, during both the House and Senate sessions this week, both of you refused to even allow debate on measures to strip the governor of his appointment powers, even after both of you publicly stated support for such efforts.
As representatives of the state of Illinois, we are called upon to be leaders. It is our obligation to ensure that the wishes of the many are carried out to the very best of our abilities. In light of the very serious charges brought against Governor Blagojevich and the formation of an impeachment committee, it is obvious that he cannot be allowed to appoint the successor to President-elect Obama’s seat. Any appointment to fill this seat by any single individual will be met with skepticism and questioned on ethical standards.
We ask you to call the Illinois General Assembly into Special Session immediately to take up action on legislation that would call for a special election to replace President-elect Obama. There is one group of people we can be sure that has not been tainted by political corruption in Illinois, and that is the electorate.
Sincerely,
Tom Cross
Christine Radogno
posted by Rich Miller
Wednesday, Dec 17, 08 @ 1:51 pm
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Huh, so he’s not crazy after all.
Comment by How Ironic Wednesday, Dec 17, 08 @ 1:52 pm
Not very surprising.
LMad’s case was nullified as soon as the governor signed a bill.
Comment by predictable Wednesday, Dec 17, 08 @ 1:55 pm
That was not unexpected.
At best it was a stretch. It also would have required some backbone from the court.
Comment by plutocrat03 Wednesday, Dec 17, 08 @ 1:56 pm
RB 1, the rest of State Government 0.
Comment by Downstate weed chewing hick Wednesday, Dec 17, 08 @ 1:56 pm
Odds on Blago staying in office and beating everyone? So the ISC won’t do the right thing? Why are they protecting the gov?
Comment by Segatari Wednesday, Dec 17, 08 @ 1:57 pm
The justices have good manners. If you can’t say anything nice, don’t say anything at all.
Sheesh. A rare overreach by AG. Too desperate to do something.
Comment by Truth Wednesday, Dec 17, 08 @ 1:58 pm
I generally think our state’s judiciary is poor, but kudos to the Supremes for its correct ruling. To quote Hawk Harrelson: Lisa Madigan, she’ll grab some bench!
Comment by Ravenswood Right Winger Wednesday, Dec 17, 08 @ 2:00 pm
Rejecting it without comment is disturbing. An issue this large deserves some explanation for the people the justices serve. JMHO
Comment by downstate hack Wednesday, Dec 17, 08 @ 2:04 pm
My contact said that the reason for the Court not taking this route was the constitutional ability to remove Blagojevich via the impeachment process.
It was unnecessary.
Comment by VanillaMan Wednesday, Dec 17, 08 @ 2:06 pm
I think rejecting without comment is better. The option was a hail mary pass thrown while getting sacked.
You want a political maneuver, do it yourself. Impeach.
Comment by Gabriel Wednesday, Dec 17, 08 @ 2:08 pm
Bravo for the Court. It was an insulting reach by the AG.
Comment by Canseco Wednesday, Dec 17, 08 @ 2:16 pm
Bravo for the Court. It was an insulting reach by the AG
ditto
Comment by Bill Baar Wednesday, Dec 17, 08 @ 2:19 pm
They said she was unqualified when the old man gave her AG.
So, she’s not a good lawyer after all.
Comment by True Observer Wednesday, Dec 17, 08 @ 2:22 pm
The suit was a farce. One giant press release.
Comment by 2for2 Wednesday, Dec 17, 08 @ 2:22 pm
Nice try anyway, Lisa. Pass incomplete. But the voters do appreciate the effort.
Comment by Hunterdon Wednesday, Dec 17, 08 @ 2:22 pm
Rod will win… He’s tuff as nails
Comment by upstate Wednesday, Dec 17, 08 @ 2:25 pm
No question the SCILL made the right decision as the AG’s complaint was ill conceived. However, it appears that with the impeachment committee convening for only a few hours a day, it may be a long time before Blago is out of commission.
Comment by Rocketman Wednesday, Dec 17, 08 @ 2:25 pm
True Observer- I hope that was your attempt at a lame joke. Good for the AG for trying- she does represent the people of Illinois, after all. And what do the people want? They want Blago out. Even though it was successful, it was a good argument. After all, wouldn’t most agree that the Gov is currently “unfit” to serve?
Comment by Anon Wednesday, Dec 17, 08 @ 2:26 pm
1st down: Blago doesn’t resign.
2nd down: ILSC denies AG claim without comment.
3rd down: Impeachment proceedings
Is there a 4th down? Allow me to arbitrarily limit our rights to football metaphors.
Comment by Gabriel Wednesday, Dec 17, 08 @ 2:29 pm
The people waÑt officials to represent their interests, not self-serving politicians falling over themselves to get on CNN to advance their political careers.
Comment by legal scholar Wednesday, Dec 17, 08 @ 2:30 pm
If any of you had bothered to look at the law AG Madigan cited, you’d know that it left much open for interpretation. AG even said as much during her press conference. Personally, I think it was a good chance to take in hopes of swiftly removing our dunce of a governor.
Comment by Undercover Wednesday, Dec 17, 08 @ 2:30 pm
The AG is lucky that the Supreme Court did not comment on the petition. It could not have been worded in any way that would have reflected positively upon the AG.
Comment by Black Robe Wednesday, Dec 17, 08 @ 2:31 pm
It was a stretch. This needs to be handled by the General Assembly.
Comment by Say WHAT? Wednesday, Dec 17, 08 @ 2:33 pm
LMad already won when she filed. On all 3 Sunday talking head shows plus innumerable positive press hits all over IL. She’s ‘doing eveything in her powers to get rid of RRB’ in the eyes of the voters. She won the minute she announced her intention to file.
Comment by Rubbernecker Wednesday, Dec 17, 08 @ 2:35 pm
The GA’s decision to impeach or not is appealable to ISC. Commenting now could result in a claim that the they made up their minds before considering an appeal from the GA’s action.
Comment by My Kind of Town Wednesday, Dec 17, 08 @ 2:39 pm
Blago attended the University of Bill Clinton. He will never resign now. The State Supreme Court shoots down a big overreach by Lisa Madigan.
Comment by Jack Wednesday, Dec 17, 08 @ 2:40 pm
For everyone saying this was a political move on her part, if she wants to be governor in two years, then it would actually be better for her to have Rod as Governor than Quinn…
Comment by Anon Wednesday, Dec 17, 08 @ 2:41 pm
Gotta love the LMad apologists who defend our sainted AG. Quinn is going to be governor eventually, unless we get to down 4 (term ends). If he governs on the reforms he’s been talking about LMad has problems no matter when she takes over. Instead she gets out in front and says she tried to do something too…
It was a pathetic attempt to boost her electoral prospects.
Comment by legal scholar Wednesday, Dec 17, 08 @ 2:45 pm
Scholar I agree. Pat Quinn is well liked by many Republicans for his Pro Soldier stance and would have high approval ratings due to that.
A DEM Primary is another matter, with the Madigan Ground troops on election day.
Comment by Jack Wednesday, Dec 17, 08 @ 2:51 pm
Just wanted to point out that Bambenek’s motion was also rejected.
Comment by Joshua Wednesday, Dec 17, 08 @ 3:04 pm
Oh Well She garnered fantastic press coverage.
Was that what it was all about? Skeptics think so
Comment by Larry Mullholland Wednesday, Dec 17, 08 @ 3:05 pm
“It was a pathetic attempt to boost her electoral prospects.”
Yeah…Just tryin’ to do something for the fed up citizen/taxpayers of the State; an attempt to dump the hump we call a ‘governor’. Good for her.
Comment by sal-says Wednesday, Dec 17, 08 @ 3:08 pm
Hopefully someone will call her out for this cheap political stunt
Comment by The Court Jester Wednesday, Dec 17, 08 @ 3:18 pm
This doesn’t look good for the Attorney General-she lost-without even an explanation. If the Speaker lets this impeachment turn into a circus then both Madigan’s will be stained-just like everybody else who has dealings with Blago. He is the Christmas gift that keeps giving.
Comment by Phineas J. Whoopee Wednesday, Dec 17, 08 @ 3:19 pm
Phineas, I believe Lisa Madigan went to the Supreme Court to pressure Blago to resign and save her father the anguish of Impeachment proceedings, knowing that the Court would punt it.
Instead she gets a long drawn out Springfield battle that hurts the Democrats immensely.
Comment by Jack Wednesday, Dec 17, 08 @ 3:28 pm
This was always a gamble. If he is not impeached, she can say she can gave it her best effort and continue campaigning for 2010 with this on her resume.
If he is impeached, it could look like she jumped the gun or was grandstanding and should have let the people’s reps do their thing.
I’d give her the benefit of the doubt. Like a great many Illinoisians, she thinks he can’t do his job while all of this other stuff is going on.
She had the choice of doing nothing other than uttering a few calls for resignation or actually doing something. It won’t kill her career.
Comment by Cassandra Wednesday, Dec 17, 08 @ 3:37 pm
When she failed to bring action against the Gov, complying with the reuqest from the US attorney’s office, people complained aout her inaction.
Now that she used the available legal tools at her disposal, those same voices complain about her taking action.
The opponents of L mad are very clear; They don’t like her and will stand in opposition to every act she takes just because.
Comment by Ghost Wednesday, Dec 17, 08 @ 3:40 pm
Good job by the court. I agree with others that this was nothing more than a self-serving political stunt. Not a good start for her gub campaign.
Comment by diane Wednesday, Dec 17, 08 @ 3:40 pm
“The Illinois State Supreme Court denied an emergency request from the state’s attorney general to consider removing besieged Gov. Rod R. Blagojevich from power.”
Bottom Line -
The Supreme Court doesn’t consider it an emergency.
Back to work.
Comment by True Observer Wednesday, Dec 17, 08 @ 3:43 pm
No matter of the result at least she tried to do something. Too bad the Supremes would not look into this. The Impeachment Process may take months!! I’d love to hear then, “Why Lisa Madigan didn’t try to do something.” You can’t have it both ways. It’s almost as bad as the Chicago Sun Times Sunday Headline that Madigan is dragging his feet on impeachment. What a joke. Madigan was the only leader that stood up to this guy. Sun Times will do anything to sell newspapers!
Comment by anon Wednesday, Dec 17, 08 @ 3:45 pm
Tom Cross, the man about town, here is what we would have approved if the legislature had followed the demands and requests of mr. Cross…..lets replay a bit of history from a few months ago….
May 28, 2008
Gov. Blagojevich, President Poshard, Sen. Pres. Jones, Minority Leaders Sen. Watson and Rep. Cross call for passage of $31 billion Illinois Works capital plan Illinois Works invests in roads, bridges schools, creates more than 500,000 jobs SPRINGFIELD – Standing with Illinois Works Coalition Co-Chair Illinois University President Glenn Poshard, Governor Rod R. Blagojevich, Senate President Emil Jones, Senate Minority Leader Frank Watson, and House Minority Leader Tom Cross today endorsed the new $31 billion comprehensive capital infrastructure plan recommended by the Illinois Works Coalition. Last week, Former Speaker of the U.S. House of Representatives Dennis Hastert and Poshard announced their recommendations for a capital infrastructure plan and revenue streams to pay for it after a comprehensive statewide listening tour launched in March and a series of meetings with Governor Blagojevich and legislative leaders. The Governor and the three legislative leaders called for passage of the plan prior to the scheduled legislative adjournment date later this week.
Comment by Ghost Wednesday, Dec 17, 08 @ 4:04 pm
Let me get this straight, Cross and Radogno don’t trust the Gov. to appoint a Senator but do trust him to sign the bill they hope to pass…
Comment by Pot calling kettle Wednesday, Dec 17, 08 @ 4:33 pm
Pot, good point. Hypocritical to say the least, but a Special Election is now the only way for the new Senator to be untainted.
Comment by Jack Wednesday, Dec 17, 08 @ 4:36 pm
Hey upstate!
Your… “Rod’s tough as nails”, is our….”Rod has no moral compass”.
Comment by Sangamon County anti-Blago Wednesday, Dec 17, 08 @ 4:38 pm
As a citizen, I don’t see it as political. I thank Lisa Madigan for doing her job in representing the people even if it didn’t work out.
Comment by Cheswick Wednesday, Dec 17, 08 @ 4:40 pm
Wow what a powerful statement frohm StatewideTom.
Is his plan to elect the GOP central committee too?
How about explaining the need to hike property taxes statewide to pay for this scheme…..what a bonehead play…..BTW which bonehead decided to ask the state to pay for Blagoof’s criminal lawyer
?
Genson did not seem like much of a whiz…guess the media gets hyped too early.
Comment by EmptySuitParade Wednesday, Dec 17, 08 @ 4:52 pm
“There is one group of people we can be sure that has not been tainted by political corruption in Illinois, and that is the electorate.”
You mean that Illinois electorate that voted for George Ryan once and Rod Blagojevich twice? C’mon — not even a teeny tiny taint?
Comment by ZC Wednesday, Dec 17, 08 @ 5:34 pm
Lisa looks like a fool.
Comment by Deep Water Wednesday, Dec 17, 08 @ 5:38 pm
The Court owes the People an explanation of why it denied these motions. Denial without explanation is as unacceptable as Approval without explanation. Did they vote as a group, or did only one Justice make this decision? If the former, who voted which way? Was this 7-0, 6-1, 5-2, or 4-3? Who concurred, and why? Who dissented, and why?
Given this crisis, this was fundamentally a political, not legal, decision. Lacking an explanation, the Court has not fulfilled its constitutional responsiblities to the People.
I, for one, will not vote again for a currently sitting Justice until I receive an explanation of these decisions. The Court is as accountable to the People as the Executive and Legislative Branches. Without explanation, the Court makes it clear that it considers itself accountable to nobody but God Almighty, and perhaps not even to Him/Her.
Comment by Oberon Wednesday, Dec 17, 08 @ 6:40 pm
Lisa covered for her Dad’s tight lipped non response to the FBI’s action last week…but the strategy made her look like a political opportunist…one Madigan in Springpatch is enough…if Lisa is tapped by Gov. Quinn to replace Obama in the Senate, she will benefit poltically by looking at IL in her rear view mirror for a couple of years…maybe by then Dad will be retired…
Comment by Loop Lady Wednesday, Dec 17, 08 @ 7:08 pm
S-T is reporting that the feds will freeze Blago’s campaign fund.
Comment by The Doc Wednesday, Dec 17, 08 @ 7:11 pm
I expected the Court to deny the motion. It is a huge legal stretch to call the governor “unfit” from a legal perspective, and this filing was a huge stretch. None of us like the governor. None of us approve of criminal conduct while in office. But those things are not what that procedure is for - it is for those times when he is unable to perform his duties.
Here, it is able to perform his duties. The problem is not fitness, it is criminality. Those are different things, legally.
Under these circumstances, impeachment is the means by which we may deal with the problem. Sadly, our constitution does not allow for a recall. Our remedy is impeachment.
Until he is impeached and removed from office, he will be carrying out the duties assigned to him by our Constitution. No legislation can amend the Constitution and over-ride it. Therefore, I still don’t see how anyone thinks we can simply hold a special election.
Comment by Cowgirl Wednesday, Dec 17, 08 @ 7:55 pm
Lawyerly observations:
1) LM was right on with her action, I’d have done the same. No guarantee of success, but good for her for showing the guts to try it. The Rule was ripe for interpretation, and the facts were very persuasive. Whenever a Court has discretion to hear or not hear, the result is not predictable.
The only sin is to not try and correct a wrong (in this case Rod B. claiming the continued power of governor). No one can fault her for losing… the concept of ‘legal disability’ goes back to Blackstone. And with Abner Mikva on the brief, only a fool would claim there was no good faith basis for the Motion.
2) The GA was stupid to allow Genson to participate in their committee hearing. They should have sat is fat butt out on the Capital steps complaining to the press about the unfairness of putting felons in jail. Impeach the SOB, send him to trial before the Senate in a week or so, and ignore Genson’s continued pleas for multiple continuences to ‘properly prepare his case’.
A good Circuit Court judge would politely listen to these ‘wave the flag’ arguments, then summarily deny them and call for the next case. If the GA wants to maintain any credibility, it will do the same.
Comment by Bobs yer Wednesday, Dec 17, 08 @ 7:57 pm
I am a Republican and want to see Blagojevich gone as much as the next person - but Cross’ and Radogno’s faith in the electorate seems a bit naive. Please, the voters elected Rod Blagojevich not once, but twice, and the voters in Cook County delivered to us Todd Stroger. I don’t trust the voters with anything. I’d rather see Pat Quinn decide who will take Obama’s place instead of having the voters do it.
Comment by What a mess Wednesday, Dec 17, 08 @ 7:58 pm
Let me adjust my Blago inspired tin foil hat here.
If the grounds for removal is either physical or mental incapacity. We have could have a problem, obviously his is still going for jogs so physical incapacity is not the issue. To be ruled mentally incapacitated in a court of law, doesn’t one have to be analyzed by a psychiatric professional. Which the ag is not. and if the court would have ruled that he is mentally incapable of doing his job now, wouldn’t that hand his high powered defense team a nice swift mental defense to the federal charges.
the AG jumped the gun, but one would think a lawyer would know better than going to the state supreme court to have someone declared mentally incapacited while being brought to charge by the US attorney office.
Comment by 618er Wednesday, Dec 17, 08 @ 8:03 pm
Cross and Radogno built a straw man by claiming Rod had to be stopped from making a senate appointment. Circumstances have already stopped him; there’s no need to change state law to do so.
Comment by cicero Wednesday, Dec 17, 08 @ 8:16 pm
To all you people who don’t want a special election because the people are not smart enough to make a good judgment: Should we just eliminate elections?
Who do you want to appoint the public officials in the 2010 election since the voters are too stupid?
I understand the frustration with the voters, but get a grip.
Comment by Truth Wednesday, Dec 17, 08 @ 8:18 pm
Lisa was grand-standing. The motion never had a chance, but it did get her some coverage on national TV. When does the press start asking her “where have you been the last six years?” This has all happened under her watch as Attorney General. The feds may have asked her to back off during their investigation, but I think there is enough cake there for everyone to get a piece.
Comment by Holdingontomywallet Wednesday, Dec 17, 08 @ 8:35 pm
=And with Abner Mikva on the brief, only a fool would claim there was no good faith basis for the Motion=
The full moon was last Friday, Bob’s Yer Uncle…
Comment by Dominique's US Senate Bean Soup Wednesday, Dec 17, 08 @ 9:12 pm
Oberon, when you say that the Supreme Court owes an explanation, consider this. The majority of the Supreme Court likes Lisa M. An explanation would embarrass Lisa M. Thus, a decision with no text or explanation was the best result for Lisa M.
Comment by Black Robe Wednesday, Dec 17, 08 @ 10:35 pm
I don’t like the idea of courts overturning elections. A legislative remedy is available and is being utilized.
It might be painful, but maybe the next time we’ll insist on better candidates.
Comment by wordslinger Wednesday, Dec 17, 08 @ 10:53 pm