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* Don’t let this AP story panic you…
Illinois lawmakers could be forced to build their impeachment case against Gov. Rod Blagojevich on a raft of relatively small grievances, rather than the blockbuster Senate-seat-for-sale allegations, for fear of undermining federal prosecutors’ criminal investigation.
Members of the state House impeachment committee said Thursday they will do nothing that would interfere with the investigation by U.S. Attorney Patrick Fitzgerald. If Fitzgerald asks lawmakers not to interview certain witnesses, they will abide by that, they said. […]
The latest complications, along with other developments, suggest it could be more difficult to dislodge Blagojevich than it appeared just a week ago.
* That last paragraph is misleading, as this bit buried way down in the piece clearly shows…
Committee members said the criminal charges against Blagojevich will still play a part in the impeachment proceedings. If nothing else, lawmakers will be able to use the 77-page federal criminal complaint, which includes sworn statements from the FBI and damning excerpts from the governor’s wiretapped conversations.
There’s a whole lot of stuff in that complaint, and not just the wiretap evidence.
* The “smaller” abuse of power stuff (besides the DHFS problems discussed below) will definitely help pad the final impeachment document…
JCAR executive director Vicki Thomas said in nearly two decades she has never seen an administration “blatantly ignore” the legislative oversight panel.
Auditor General William Holland then testified about the lack of cooperation he gets from some of Blagojevich’s agencies. […]
Other witnesses complained about the administration’s routine refusal to release public information, even when requested under the Freedom of Information Act. The administration is still fighting a court order to release federal subpoenas that have been served on it.
* The Tribune sums it up…
Although they may not sizzle like claims that Blagojevich tried to sell a U.S. Senate seat, the allegations that the unpopular governor bypassed the legislature and mismanaged the state likely will serve as cornerstones for an impeachment vote.
“It’s not as sexy as the criminal aspect,” said Rep. Connie Howard (D-Chicago), who questioned whether the governor had abused his power, “but it has to do with whether or not an executive feels that he is the last word on everything.”
* Related…
* Daily Herald: Impeachment years in the making
* Tollway Chairman John Mitola denies pressure from Rod Blagojevich on road contracts
* Tollway tries to preserve interchange, weather Blago storm
posted by Rich Miller
Friday, Dec 19, 08 @ 10:30 am
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You convict Capone on tax fraud. You oust Blagojevich on subverting JCAR.
Comment by Fan of the Game Friday, Dec 19, 08 @ 10:34 am
Assuming the committee chooses to defer to Fitz on some of the witnesses due to possible interference with the Fed Case(s), I would hope they would get an assurance from Fitz that they would indict and go to trial within 60 to 90 days. Otherwise no deal. Justice delayed = Justice denied. This has dragged on way to long already. Lisa M held off quite some time ago at Fitz’s request and where has that gotten us?
Comment by A Citizen Friday, Dec 19, 08 @ 10:38 am
They don’t need anything in the Blagojevich and Harris criminal complaint to impeach the governor.
They might need it to remove him from office in a trial.
Call Bill Thomas and Daniel Mahru as witnesses. The committee can call anyone it needs to to build the case for a trial without the Feds help. However, this may not help some of the legislators on the committee.
Comment by Gabriel Friday, Dec 19, 08 @ 10:41 am
Nevermind the shakedown of a children’s hospital, the sale of a US Senate seat or the extortion of the Chicago Tribune, WE HAVE AUDIT FINDINGS!
Comment by Scooby Friday, Dec 19, 08 @ 10:41 am
This small stuff isn’t.
The hearings have exposed a blatantly incompetent and criminal administration. We all knew this.
The case for impeachment for Blagojevich doesn’t necessarily have to include the Fed’s charges. We have sufficient evidence to impeach Blagojevich even before his arrest last week.
The evidence being collected shows that nothing was done to demand accountability from this administration for years. Blagojevich was like a drunk speeding driver, allowed to careen and smash everthing in his path without being stopped, for four years. Why do we have a General Assembly when they refuse to adequately address Blagojevich’s previous disasters? What were these people doing?
Where was the GOP?
We didn’t have to wait until Fitzgerald catches this crook selling Obama’s seat to realize that Blagojevich needed to be impeached.
As to those who wish to whitewash the Illinois Democratic Party of all responsibilities for the Blagojevich administration, there is no excuse for the inaction we are recording from elected and statewide officials.
We are learning that as Blagojevich shunned laws, made pay-to-play deals and his administration blundered daily, our elected officials did nothing to stop this.
His conviction is also theirs.
Comment by VanillaMan Friday, Dec 19, 08 @ 10:45 am
I’m not sure what the AP story is trying to say. The criminal complaint was entered as evidence. Is there thought that lawmakers will ignore it because they can’t compel testimony from those in the complaint? Not a chance.
Comment by wordslinger Friday, Dec 19, 08 @ 10:52 am
While the decisions or directions come from people under the Governor, all that has to happen is the Governor is AWARE of it. (ALA George Ryan)
Comment by He Makes Ryan Look Like a Saint Friday, Dec 19, 08 @ 10:53 am
It took just one torpedo to sink the Bismark.
Comment by Ahem Friday, Dec 19, 08 @ 10:56 am
wordslinger, you’re exactly correct.
Comment by Rich Miller Friday, Dec 19, 08 @ 10:57 am
The committee is going to vote to recommend impeachment. It doesn’t matter what they “use”or don’t “use”. The committee is for the sole purpose of providing the appeareance of fairness and due process neither of which, obviously, are part of the process. The criminal complaint is not evidence it is hearsay and an interpretation of events written by the FBI and US Attorney, neither of whom qualify as disinterested parties.
Forget the show and just vote. Nothing any witness says is going to make any difference in the outcome.
Comment by Bill Friday, Dec 19, 08 @ 11:00 am
It does not need to be that complicated. They could impeach based simply on the poin that the filing of the complaint interferes and distracts the Gov from ebing able to continue in his position. Nothing prohiits the house from relying on the ilatory effect of being part of a criminal proceeding to impeach.
Lets not forget this gov fired the former Lincol Museum head based on being charged, no hearing or conviction, without an opportunity to defend himself, based on the fall out from being charged and the press coverage.
Comment by Ghost Friday, Dec 19, 08 @ 11:02 am
Rod is going boys and girls, one way or another. Telling the Deputy Governor to begin making calls to further the conspiracy IS ON THE TAPES! What Genson is trying to say is at some point he will challenge before a federal judge, the INFORMATION the G got from Wyma to begin to request all of the authorizations to bug Blago and friends. Genson will try to proove that Wyma’s statements were not factual basis enough for DC and the Judge here to authorize the tapings. Therefor, the tapings are illegal. That MAY work at 219 S. Dearborn, but it aint holding water in the hallways of the Capitol. Does anyone truly believe that Rod has not demonstrated impeachable behaivor? Name me ONE Senator that has the cujones to vote not to remove Rod, and then go home to his district. AIN’t gonna happen. At best Rod and Patti are broke and jobless!! If Genson cn’t get him off then he is out of office, but hey he will be employed and earning a salary. Albeit, 12 cents an hour in some camp fed. It wont be today, or tomorrow, but GROD is going!!
Comment by ivoted4judy Friday, Dec 19, 08 @ 11:06 am
===It took just one torpedo to sink the Bismark.===
Actually, it took dozens. But it only took one well placed one to jam the rudder and prevent its escape.
Comment by NimROD Friday, Dec 19, 08 @ 11:11 am
The reality is that this small stuff isn’t impeachment-worthy. But it is the subcontext for setting a standard of proving “broad” patterns of behavior.
In the end, a court may rule the Governor was legally right about being able to bypass JCAR. And being stingy on FOIAs could just mean the staff knows how to protect information from being subject to FOIAs (as most politicians have). The other Holland stuff just shows the Governor trying to do everything he can to “help people”, as he puts it.
If all that happens or is revealed, it should NOT prevent impeachment. It seems silly to focus on these petty issues that just look like legislators whining when they have bigger issues they can bring up to get it done.
Comment by small Friday, Dec 19, 08 @ 11:16 am
===It does not need to be that complicated. They could impeach based simply on the poin that the filing of the complaint interferes and distracts the Gov from ebing able to continue in his position. Nothing prohiits the house from relying on the ilatory effect of being part of a criminal proceeding to impeach.===
Exactly correct. The governor can be run out of office for violating what is, in essence, a moral turpitude clause. Impeachment is a purely political action; get enough GA members to agree and the governor can be removed for spitting on the sidewalk.
Comment by NimROD Friday, Dec 19, 08 @ 11:17 am
My point exactly, nimROD. Thank you.
Comment by Ahem Friday, Dec 19, 08 @ 11:25 am
A material supplier, not a contractor, is suspected of being targeted in the alleged pay-to-play scheme for the tollway’s 41.8 billion construction/”green lanes” plan.
This makes sense, because projects are bid competitively, and a political favorite could still lose out to a company who can underbid the favorite for a variety of potential reasons. However, there are very few material suppliers who can deliver the large quantities needed for big projects, and these few material suppliers would no doubt be needed no matter who the low bidding contractor(s) were.
Comment by Six Degrees of Separation Friday, Dec 19, 08 @ 11:59 am
“However, there are very few material suppliers who can deliver the large quantities needed for big projects”
I would disagree with this. However, there are very few material suppliers with the gumption to pay off the government for material orders.
Comment by Macoupin County Kid Friday, Dec 19, 08 @ 12:08 pm
Anyone watch Fox last night with Greta Van……? She was interviewing a Chicago reporter who was telling the story of Dick Mell and the landfill situation, how influential Mell in and how he got Blago elected, just got his daughter elected to the Illinois House, etc. etc., ad nauseum. I laugh every time I see one of these yahoos thinking they have just found one of the lost pharaohs in Egypt’s Valley of the Kings. The national media is so clueless as to what has been going on in Illinois for the last 6 years, but they think they know it all.
Time for Rich to write a book. I’m serious buddy. It would rocket to the top of the best sellers list. And we all know that you are the only one who could do it justice.
Comment by Little Egypt Friday, Dec 19, 08 @ 12:12 pm
===Time for Rich to write a book. I’m serious buddy. ===
Patience, please.
Comment by Rich Miller Friday, Dec 19, 08 @ 12:14 pm
{Other witnesses complained about the administration’s routine refusal to release public information, even when requested under the Freedom of Information Act. The administration is still fighting a court order to release federal subpoenas that have been served on it.}
The SIC has been less than transparent and forthcoming itself in this process. They have chosen not to link their correspondence to Fitzgerald, which also signals their intention not to link and post his response. Even a redacted version of his response could and should be posted. I think both communications would be subject to FOIA, and if I were Genson I would have someone FOIA them, wait for the response which would likely be a declination on less than frim grounds, and then I would request that Currie have Madigan subpoena the committee for both documents. He would likely get a 2 for 1 in terms of both legal and PR strategy.
VM is absolutely correct in this summation:
{#
We are learning that as Blagojevich shunned laws, made pay-to-play deals and his administration blundered daily, our elected officials did nothing to stop this.
His conviction is also theirs.}
and I am surprised that so few have called them out on this aspect of the Circus Blagurkas.
Bill also hits the nail squarely on the head with this analysis:
{The committee is going to vote to recommend impeachment. It doesn’t matter what they “use”or don’t “use”. The committee is for the sole purpose of providing the appeareance of fairness and due process neither of which, obviously, are part of the process.}……
But fails to mention the elephant in the room; which is/was Emil in suggesting a swift conclusion to this fait accompli
{#
Forget the show and just vote. Nothing any witness says is going to make any difference in the outcome.}
The “show” is part strategy; death by a thousand cuts, when just 1 well placed Bismarkian torpedo would do, as well as execution of the four corner offensive ballet being danced by Madigan and Cullerton, to make sure that Emil can not exercise any hijinks here.
Comment by Blago Sphere Friday, Dec 19, 08 @ 12:22 pm
Bill, so what if it is hearsay? under the Illinois Adminstrative Code the state in sertain DCFS hearings which effect peoples licenses and abilit to run buisnesses; CMS under the electronic commerce security act etc For example: “Any relevant evidence which is not privileged is admissible without regard to whether such evidence is hearsay or otherwise inadmissible in a court of law.” or “The technical rules of evidence do not apply to hearings under this Section. The Director may accept any material evidence that is relevant to the issues on appeal. The Director shall determine the credibility of the witnesses and the evidence. The Director may accept hearsay as evidence, but, if hearsay is accepted, the hearsay nature of the evidence shall be considered when the Director weighs the evidence. The Director is not required to rule on any objection to the introduction of evidence, but any objection shall be noted and made part of the record.”
The State routinely allows hearsay eveidence in deciding rights of the public, no reason they can not consider it now.
Comment by Ghost Friday, Dec 19, 08 @ 12:22 pm
I can see it now: Rich Miller, the new Royko, the new O’Connor, the new Terkel, the new Sandburg for cryin’ out loud! Go Rich!
Comment by Ahem Friday, Dec 19, 08 @ 12:34 pm
Did Shakespeare get “held for moderation”?
Comment by Blago Sphere Friday, Dec 19, 08 @ 1:09 pm
===Did Shakespeare get “held for moderation”?===
Kinda long.
Comment by Rich Miller Friday, Dec 19, 08 @ 1:13 pm
Sorry: I had initially intended to abbreviate it, but much beyond the inital stanzas still seemed appropos to Bill’s comments with regard to this theater of the absurd. I still thinnk this aspect hits the mark of how Bill characterized the process:
William Shakespeare - All the world’s a stage (from As You Like It}
{All the world’s a stage,
And all the men and women merely players:
They have their exits and their entrances;
And one man in his time plays many parts,}….
{ Last scene of all,
That ends this strange eventful history,
Is second childishness and mere oblivion,}
Comment by Blago Sphere Friday, Dec 19, 08 @ 1:26 pm
I would disagree with this. However, there are very few material suppliers with the gumption to pay off the government for material orders.
When the I-57 and I-294 interchange is rebuilt, do you think they are going to get the gravel and sand from Macoupin County, or from one of the large quarries controlled by 2 or 3 mega-corporations in the Chicago area?
Comment by Six Degrees of Separation Friday, Dec 19, 08 @ 2:00 pm
“When the I-57 and I-294 interchange is rebuilt, do you think they are going to get the gravel and sand from Macoupin County, or from one of the large quarries controlled by 2 or 3 mega-corporations in the Chicago area?”
That has nothing to do with not being able to deliver large quanitities of materai as you initial statement suggested. Obviously, the Macoupin County quarry wouldn’t be able to service the project or logistically be able to be cost competitive.
Comment by Macoupin County Kid Friday, Dec 19, 08 @ 2:14 pm
===In the end, a court may rule the Governor was legally right about being able to bypass JCAR===
If I’m not mistaken, a court has ALREADY ruled that that the Governor has unlawfully implemented a program without legislative authority — a violation of the Illinois Administrative Procedure Act which gives JCAR its authority. And, I might add, Blagojevich signed a law that strengthened JCARs oversight.
I’ve said, in this forum, for what seems like years now that the Governor has consistently exceeded his constitutional authority. I frankly don’t care if the federal case against him has any weight in the impeachment process. He’s done enough to himself over the past six years in the absence of alleged federal violations to warrant impeachment. Rezko’s arrest was the gun powder. Being arrested by the G at his home was the firing pin. Anything that helps the impeachment committee resulting from the federal charges is just gravy on the biscuit.
Comment by DzNts Friday, Dec 19, 08 @ 4:22 pm
Actually, DzNts, TWO courts (circuit and appellate) have ruled that the governor was out of line with the healthcare expansion. The actual rulings were based on somewhat of a technicality, but both courts acknowledged there were other serious defects in those rules. However, courts generally do not want to dredge up a really serious constitutional issue (i.e. JCAR’s authority) if they can avoid it, and in this case, they avoided it by focusing on the technicality.
The Supreme Court stayed those orders temporarily only to prevent HFS from going off the deep end and terminating ALL medical assistance to more than 500,000 Illinois residents based on the agency’s (deliberate?) misreading of the lower court ruling, which was supposed to apply to, at most, about 30,000 people and possibly as few as 5,000.
Comment by Bookworm Friday, Dec 19, 08 @ 5:06 pm
As a former JCAR staffer, I know there have been questions about the separation of powers issue - and I’m not a lawyer- but I think other precedents in Missouri and other states would ultimately uphold JCARs authority in Illinois. I was only at JCAR for a few years, but I can say that Vicky Thomas and other unnamed staff members there do a tremendous job of separating politics from compliance with respect to the IAPA. For Vicky Thomas to say what she did was a testament to the abuse of power of Blagojevich…
Comment by DzNts Friday, Dec 19, 08 @ 5:15 pm
Some of you are probably aware that President-elect Obama is himself a former member of JCAR. If JCAR also turns out to be the “torpedo” that finally sinks the SS Blago… they will have even more reason to be proud.
Comment by Bookworm Friday, Dec 19, 08 @ 5:44 pm