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* 8:15 am - The governor talked to reporters this morning…
Speaking to reporters outside his North Side home before going on a morning jog, Gov. Rod Blagojevich accused the Illinois House and Senate of attempting to “thwart the will of the people” by removing a twice-elected governor.
“The impeachment trial is a sham,” he said.
Blagojevich said he was being denied due process by not being allowed to subpoena witnesses.
Video…
Additional comments from Blagojevich…
For instance, he said he wants to call Rahm Emanuel, President Barack Obama’s chief of staff, to testify on his behalf. He noted that Emanuel has said in a television interview that there was “nothing inappropriate” in his conversations with Blagojevich about naming someone to Obama’s former Senate seat.
* 8:25 am - There’s more to come in a few, apparently…
He also referred to Illinois Sen. John Cullerton, who has said Blagojevich has been deceitful.
Denying any deceit on his part, Blagojevich invited reporters gathered in his front yard, to go down the block to Cullerton’s home and ask him about those comments.
The governor said he would have more to say after his morning run.
Stay tuned.
*** UPDATE *** Well, maybe not. NBC5 has changed that last line above to read…
The governor said he might have more to say after his morning run. [italics added]
I’ll let you know.
*** UPDATE 2 *** That sentence about saying more after the run has now been removed from the NBC5 story. So, no more? I dunno.
*** 8:26 am *** I’m sure he’ll demand a daily show…
During a show early Thursday, the program director at WLS-AM announced that if Blagojevich resigns, the station will offer him his own weekly radio program from noon to 2 p.m. on Sundays.
Program director Bob Shomper said the station is asking the governor to spare the state the embarrassment and expense of forcibly removing him from office. […]
Shomper says the station’s offer reflects the will of the people, who he says want the governor gone.
*** 8:38 am *** CBS2 reports that the governor’s lawyers are leaning towards the idea of going to court to block the Senate impeachment trial. Considering the governor’s comments today, and everything else I’ve been told and have seen for the past several days, that certainly appears likely…
The governor’s impeachment trial is set to start Monday, but Wednesday night, there are efforts to stop it. CBS 2 Chief Correspondent Jay Levine reports that the governor’s attorneys, having virtually given up trying to win the case, are now leaning toward going to court, to try to block the trial.
But Senate President John Cullerton, in an exclusive interview, says he doubts they’ll be successful.
“If they want to go to a court and have a court tell us to stop, that’s up to them. But I cannot envision any court interfering with this process because we are following the constitution,” Cullerton said.
*** 12:38 pm *** Here’s an update, with a hat tip to a commenter…
Around 11:30 a.m. Blagojevich left his home dressed in jeans and a coat. He did not elaborate on his earlier statements but said he might have more to say Friday. He got into a state car with his security detail and left.
Rikeesha Phelon, spokeswoman for Senate President John Cullerton (D-Chicago), called the governor’s remarks an “unfortunate sideshow.”
“This is a blatant attempt to muddy the distinction between a criminal court process and the Senate impeachment proceeding and rules,” Phelon said.
Phelon is exactly right. I figure we’ll get another late afternoon horror show come Friday. Wonderful.
* Related…
* Blago’s legal fees as gov hit $2.6M: Since taking office in 2003, Gov. Blagojevich has spent a staggering $2.6 million out of his campaign fund on legal fees, with the lion’s share going to pay criminal defense lawyers.
* Ronald Trowbridge: Fitzgerald getting a pass for inflammatory comments
* State Senate Pushes Toward Blagojevich Trial
* ‘Lynching’ rhetoric misses the mark
* Inaugural is uplifting; judging Blagojevich is heavy lifting
* Rod Blagojevich prosecutor to call 12 witnesses at trial
* Lawmakers may be witnesses in impeachment trial
* Ill. governor ignores deadline to submit subpoenas
* Blagojevich Misses Another Deadline
* Blagojevich gives Senate no answer on charges
* GOP has Blago, but substance would be better
posted by Rich Miller
Thursday, Jan 22, 09 @ 8:19 am
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The Gov continued his interview with this “After I call Rham Emanual to the stand, I would also like to subpoena Hello Kitty. I have her on my desk, and she will also testify that she heard nothing improper on my phone conversations.”
Get over it. You lost Gov. Good riddance.
Comment by How Ironic Thursday, Jan 22, 09 @ 8:26 am
Let me get this straight, he missed the deadline for subpoenas and now he’s complaining about not being able to subpoena witnesses?
Comment by lurking moderate Thursday, Jan 22, 09 @ 8:28 am
OMG, was someone reading Bookworm’s comments last night?
Comment by Anonymous Thursday, Jan 22, 09 @ 8:29 am
He has elevated reality creation to a true art form. This process is nearly as entertaining as any of the Oz books.
Comment by Captain Flume Thursday, Jan 22, 09 @ 8:34 am
I wonder if Emanuel feels a sharp pain between the shoulder blades every time Blago says his name, like a voodoo doll.
At least they stayed out of the New York vacancy, apparently. Caroline is out.
Comment by wordslinger Thursday, Jan 22, 09 @ 8:38 am
has rod ever read the illinois constitution?
Comment by bored now Thursday, Jan 22, 09 @ 8:39 am
The Rod & Patti show…
It would have to be on SIRIUS.
Comment by Anonymous Coward Thursday, Jan 22, 09 @ 8:41 am
{Blagojevich invited reporters gathered in his front yard, to go down the block to Cullerton’s home and ask him about those comments.}
The assembled media then did just that; but when the arrived at Senator Cullerton’s home they learned that he had left for work two hours earlier, while the Governor was stil sleeping.
Comment by Anonymous Thursday, Jan 22, 09 @ 8:42 am
I wonder if they are going to work their way up through the district and appellate courts first or if they are just gonna go straight to the U.S. Supreme Court. Obviously this has never been done in Illinois, but has anyone ever attempted this move in other states?
Comment by Secret Square Thursday, Jan 22, 09 @ 8:43 am
i hope they file the motion in federal court and it gets swiftly denied so we can get rid of this guy…
Comment by Anonymous Thursday, Jan 22, 09 @ 8:55 am
So he goes to court. And let’s say the court agrees to block the trial. Slim, I know — but let’s say Blagojevich is successful.
Is he aware of the anger and resentment this would cause? Twice-elected, okay. Sure. But the House has indicated a pattern of abuse during his years in office. We elected him, yeah — but we didn’t give him a mandate to abuse the office.
It seems there’s some confusion here.
I smell desperation.
Comment by Macbeth Thursday, Jan 22, 09 @ 8:56 am
I sure lean with Cullerton on this one…seems to me like they’re following the Constitutions of both Illinois and the United States. Seems to me that the only reason this has gone slowly is to make sure every i was dotted and every t crossed.
As for WLS…well, it’s a nice little publicity stunt, isn’t it?
Comment by Concerned Observer Thursday, Jan 22, 09 @ 8:57 am
Talk radio may be the best possible place for Rod Blagojevich. Creating your own little world makes for compelling programming, and Rod’s brilliant at that.
Comment by Boone Logan Square Thursday, Jan 22, 09 @ 8:58 am
if it were not so bad for our state, and for life in general, we could simply regard this as a show better than the Oscar spectacle. it will make a great movie, but it is a grim reality.
Resign already!
Comment by Amy Thursday, Jan 22, 09 @ 8:59 am
BTW — It’s time for a new track suit. That black suit is soon to turn infamous.
Comment by Macbeth Thursday, Jan 22, 09 @ 9:02 am
I think he is way past caring about causing anger and resentment. He just wants to destroy whatever he can on the way out.
On the bright side, this gives Quinn more time to plan. And he should be planning up a storm because of the federal cash tsunami which is likely coming in the spring will provide all kinds of opportunities for very good or very bad early performance. And no matter what kind of anti-corruption devices the Obama admin puts on the cash, this is Illinois, where such devices would be considered, by many pols and would-be contractors, as a challenge not a deterrent. Blago or no, that part of Illinois politics hasn’t changed.
Comment by Cassandra Thursday, Jan 22, 09 @ 9:04 am
===That black suit is soon to turn infamous. ===
Too late.
Comment by Rich Miller Thursday, Jan 22, 09 @ 9:04 am
Where was the due process for the IDOT people being moved to Harrisburg and the Pontiac prison decision and the hiring of the Thomson prison folks and the buying of the vaccine and the firing of the Abraham Lincoln Museum director and all the other things he dallied with the law about. Mama used to say what goes around comes around.
McBeth he will soon trade the black jump suit in for an orange one.
Comment by lifer Thursday, Jan 22, 09 @ 9:07 am
So WLS is soliciting pay-to-play now? Isn’t that what’s called Green Mail?
How is getting something for leaving a post differenct from getting something for filling a post?
Comment by Hmmm... Thursday, Jan 22, 09 @ 9:08 am
As part of the deal, WLS has to fire anyone who has ever said a bad word about the governor. Pretty sweet gig, Rod….two hours of dead time Sunday afternoon air to rant about anything and everything!
Comment by Vote Quimby! Thursday, Jan 22, 09 @ 9:19 am
==So WLS is soliciting pay-to-play now?==
My thoughts also. But these are desperate times!
Comment by Ahem Thursday, Jan 22, 09 @ 9:19 am
Nothing in the courts happen fast. Blago may be banking on the fact he can file at the district level and a judge would hold things up just so he can look at things to be sure.
Comment by John Bambenek Thursday, Jan 22, 09 @ 9:21 am
I feel a song coming on!
If You Impeach Me Now
song and lyrics by Chicago, modified and performed by Rod Blagojevich
If you impeach me now,
you’ll take away the biggest part of me,
Nooo people! Please don’t - NO!
If you impeach me now,
You’ll take away the very heart of me
Nooo people! Please don’t - NO!
A guv like mine is a guv that’s hard to find,
How could you let it slip away?
We’ve come too far to leave it all behind,
How could we end it all this way?
When Monday comes well both regret,
Things I said on tape.
It’s a [bleeping] thing, that’s hard to find,
How could I have let it [bleep] away?
Weve come too far to [bleep] it all away,
How could you [bleep] me this way?
When tomorrow comes well both regret,
Things I said on tape.
If you leave [bleep] me now,
you’ll hear from me,
I’m [bleeping] warning you! NO!
Oh [bleep]! just got to [bleep][bleeping] you!
Hey Democrats! please don’t - NO!
Look a kitty! I just got to have your lovin, yeah!
Weve come too far! You [bleeping] a******! I’ll [bleeping] kill [bleep]!
Comment by VanillaMan Thursday, Jan 22, 09 @ 9:24 am
Now that the deadline for calling witnesses has past, he can put out a list that includes everyone from the Patriarch to the paper boy, safe in the knowledge that they will never be called.
I love the “will of the people stuff.” At this point, the only people that want him to stay in office are Rod, his wife, his lawyers, and the bill collectors. (And I’m not so sure about the bill collectors.)
Comment by Pot calling kettle Thursday, Jan 22, 09 @ 9:26 am
Way to make me blow coffee through my nose, VanMan!
Comment by HearMeRoar Thursday, Jan 22, 09 @ 9:28 am
WLS? I thought Rod might be better off paired up with Sean Hannity on Fox News now that Alan Colmes has left the show. The Sean & Rod Show kinda has a ring to it.
Comment by HoBoSkillet Thursday, Jan 22, 09 @ 9:28 am
Blagojevich and Spitzer might make an interesting prime time duo.
Comment by Macbeth Thursday, Jan 22, 09 @ 9:34 am
Block the trial, yeah good luck with that. I guess my question where does it say anyplace that he even deserves something that looks even a little bit like due process?
Comment by OneMan Thursday, Jan 22, 09 @ 9:39 am
I hope WLS has that show on a 5 minute delay and good censors on hand. Or the FCC is going to have a bleeping holiday with them.
Comment by kidder Thursday, Jan 22, 09 @ 9:41 am
Now that Patti has lost her $100,000 income, expect the level of desperation to rise to new heights. I am waiting to see who gets thrown under the bus. Its gonna be a bumpy ride.
Comment by Say WHAT? Thursday, Jan 22, 09 @ 9:41 am
Why doesn’t Rod start breaking in an orange jogging suit? Maybe Sheriff Joe from out West could send him some pink underwear also.
The thought of Rahm Emanuel being subpoenaed to testify at the impeachment trial is delicious!
Comment by Honest Abe Thursday, Jan 22, 09 @ 9:44 am
Thanks WLS: “pay-to-resign” replaces “pay-to-play”!Is that progress? I can’t fathom any federal judge intervening under the federal constitution. But there are some mediocre judges there who might actually take such a suit seriously.
Comment by Legaleagle Thursday, Jan 22, 09 @ 9:44 am
If only Blago has constitutional lawyers to help him plan startegy.
One of the most critical tenents of Due Process - you can not fail to avail yourself of the available process if you wish to pursue such a claim. His failure to ask for dismissal or to try and subpeona witnesses will make it almost impossible for him to establish basic parts of his argument.
For example, he never sought to have the charges dismissed; and has not actually requested that any witnesses be produced for his trial.
Comment by Ghost Thursday, Jan 22, 09 @ 9:46 am
WLS!
Hey people! It’s me Rod Blagojevich! The good hardworking people of WLS radio has decided to let me work my talents on this, my very first day, as the host on The Rod Blagojevich Show!
We’ll be taking your calls here at 1-800-Rod-Blago, and I have as our first guest Bill, a close dear friend and popular blogger at theCapitolFaxBlog.Say hey Bill!What about those Cubs!They’re doing an incredible job this season if they ever get that pitching situation under control.Hey Bill, did you get a load of that situation down at the corner of Lake and Michigan this morning?I was down there getting a tasty donut shaped like a Blackhawk hockey puck, and those hawks are did great last season didn’t they Bill.I mean, great!
Look, a kitty!
Where Bill? Where?I don’t see a kitty, but I do see our first caller.Hey!Glad you called!You are the first caller on my new radio show!
Hello Mr. Blagojevich. My name is Carrie, and…
Hey Carrie!
and I’m from International Debt Collectors, and…
Hey Carrie!Gotta go!Bill!My man!Talk about debts!We sure cranked them up when I was running the show, and speaking of show, we have another caller.
Mr. Blagojevich? This is Former Governor George Ryan…
you still alive?
…not funny. I just want to tell you that you are a disgrace to Illinois. I hope you rot in
‘click’!
Oh no!Lost the connection!Here’s another caller!
This is Former Governor Dan Walker.
…you’re still alive?
…not funny. As one of Illinois’ ex-felon governors, I want to tell you how ashamed we all are
‘click’
Lost another connection!Who is supposed to be screening these [bleeping] calls?[Bleep!]I can’t get a [bleeping][bleeping] break around this [bleep]Bill!Bail my [bleeping][bleep] out of this [bleeping] mess, will ya?
‘click’
We are having some technical difficulties. Please stay tuned to WLS as we address this situation.
*Music*
Comment by VanillaMan Thursday, Jan 22, 09 @ 9:49 am
A radio show, but only on Sundays?
Come on, they’ll have to do better than that.
Getting the Governor to resign, that’s f***in’ Golden.
Comment by photogram Thursday, Jan 22, 09 @ 9:50 am
I remember a Lt. Gov. that was offered a nice salary as a radio commentator.
But in this case, radio spots begin and end at specific time slots, not when the governor decides to show up.
Comment by Shelbyville Thursday, Jan 22, 09 @ 9:54 am
Any radio show will become the live from federal prison Rod “F@#$ Golden” Blago Show.
Comment by sneaker Thursday, Jan 22, 09 @ 9:59 am
I find it just hilarious that WLS fired 17 staff members last February 29th AND has sold its mid-morning slot to Mancow in order to raise cash, but can somehow find the money to pay Blagojevich for a two-hour weekend show.
Like I said. Stunt.
Comment by Concerned Observer Thursday, Jan 22, 09 @ 9:59 am
Someone laid out a resignation timeline last week. I think he will resign after the courts refuse to hear him. That might be Monday?
Comment by Phineas J. Whoopee Thursday, Jan 22, 09 @ 10:00 am
Maybe WLS intends to hire Blago to “serve at the pleasure of the management.”
Then can just fire him at will and be done with it.
*Sigh* Wishful thinking, This Guy.
Comment by This Guy Thursday, Jan 22, 09 @ 10:03 am
VanMan, you are priceless!
Comment by Interested Observer Thursday, Jan 22, 09 @ 10:06 am
Blago played the race card in the Burris senate appointment. Now, he plays the victim card in his own trial.
Comment by Ron Thursday, Jan 22, 09 @ 10:07 am
Fairness? Due process? C’mon Governor….these are terms you’ve only just acquainted yourself with in the last month or so. They were just unimportant terms to you earlier.
Comment by SpfldJimbo Thursday, Jan 22, 09 @ 10:12 am
Dear Governor,
Considering how your administration was an utter sham, we’ve decided to end it in a similar manner.
Glad you understand,
VanillaMan
Comment by VanillaMan Thursday, Jan 22, 09 @ 10:17 am
Sorry folks for being so dumb……..but as a short time reader and probably mind-numbed by all of this, the “kitty” references posted from time to time, are going over my thick head. Could someone advise? Sorry.
Comment by SpfldJimbo Thursday, Jan 22, 09 @ 10:18 am
If only Blago has constitutional lawyers to help him plan startegy.
One of the most critical tenents of Due Process - you can not fail to avail yourself of the available process if you wish to pursue such a claim.
One would assume that this failure to avail himself of the various procedural options is perhaps the end result of a “C” in constitutional law? (And a disdain for any constitution — state or federal — in general?)
I’d always found it profoundly disturbing — and awkward — to hear pseudo-populists like Blagojevich take pot-shots at academia for the purposes of comic-relief. There’s always a whiff of anti-intellectualism with Blagojevich — and it’s something that I’ve found troubling for many years.
Comment by Macbeth Thursday, Jan 22, 09 @ 10:23 am
Oneman-the Constitution of the United States
Comment by steve schnorf Thursday, Jan 22, 09 @ 10:25 am
@SpfldJimbo
I went through the same thing when I got hooked on CapFax after Blago was arrested. The “oh look, a kitty” is a reference to someone with a very short attention span.
T-shirts, for example:
http://www.zazzle.com/ironydesign/find/qs-oh+look+a+kitty
Comment by Anonymous Coward Thursday, Jan 22, 09 @ 10:31 am
Gotcha AC! Thank you.
Comment by SpfldJimbo Thursday, Jan 22, 09 @ 10:39 am
Thanks AC. I always wondered about the kitty references as well.
Comment by HoBoSkillet Thursday, Jan 22, 09 @ 10:39 am
===has rod ever read the illinois constitution? ===
remember he says he barely passed law school. He may have read it but that doesn’t mean he understood it.
Comment by Been There Thursday, Jan 22, 09 @ 10:40 am
“One of the most critical tenets of Due Process is that you cannot fail to avail yourself of the available process if you wish to pursue such a claim.”
If this is such a basic legal principle, then Blago’s lawyers know it too. Isn’t it wrong for an attorney to encourage a client to pursue a legal strategy the attorney KNOWS will fail?
Comment by Secret Square Thursday, Jan 22, 09 @ 10:44 am
Shelbyville refers to Lt.Governor Bob Kustra who was going to take a radio gig, but following a heart scare from Governor Edgar in June/July 1994, decidedd to stay in office.
Comment by dznuts Thursday, Jan 22, 09 @ 10:46 am
==has rod ever read the illinois constitution?==
Have You?
Comment by Bill Thursday, Jan 22, 09 @ 10:46 am
“oh look, a kitty” should be banned here. Too many bad attempts at humor. It’s getting old. Sometimes they are humorous but mostly they are like listening to that person in your family or office who thinks their funny but their not.
Comment by Anon Thursday, Jan 22, 09 @ 10:46 am
The following comments were attributed to Blago the other day,
“And he’s appalled. He cannot believe that this is his government. He cannot believe this is the State of Illinois. He cannot believe that as governor this is what they do to you.”
I thought it was ironic how his feeling mirrored my own. I was appalled by this Governor. I could not believe how he failed to govern. I couldn’t believe that even in Illinois a politician could be so brazenly corrupt. I couldn’t believe that an elected Governor would do this to his State.
My point is, I’m glad to see what goes around comes around. He cheated and corrupted the system for so many years and as he loses his power and grip, I imagine he’ll feel the frustrations and anxieties foisted upon the citizens 100 fold.
Comment by Phineas J. Whoopee Thursday, Jan 22, 09 @ 10:50 am
=== Bill - Thursday, Jan 22, 09 @ 10:46 am:
==has rod ever read the illinois constitution?==
Have You? ===
I can’t speak for ‘bored now’ but I have read it. A few times. Mostly to check on how the gov can veto a bill. But I have also read the rest of it since the govs arrest. He’s toast.
Comment by Been There Thursday, Jan 22, 09 @ 10:51 am
VM, You know that’s not how the Gov. would open his show. It would be more along the lines of:
WLS!
Hey people! It’s me Rod Blagojevich! The good hardworking people of WLS radio has decided to let me work my talents on this, my very first day, as the host on The Rod Blagojevich Show!
As this is the first show, we need to lay down some ground rules. Air time is f*****g golden, so, I’ll expect more than just gratitude for putting you on. If you would like to call in and be on the air, it will be $100 for a one minute comment. If you would like to appear live as a guest for a five minute segment, you’ll need to put up $1000. If you would like to do the weather, news or sports, you’ll need to go to e-bay, where the bidding is already up and running. That said, let’s take our first call…
OK…
Well, let’s go to the news…
Ummmmmm…
Sports?………
OK…
Here’s Patty with a special segment on buying that first home.
Comment by Pot calling kettle Thursday, Jan 22, 09 @ 10:55 am
Steve –
Where does it say it applies to impeachments?
Comment by OneMan Thursday, Jan 22, 09 @ 10:56 am
Would Rod knock Don & Roma outta the morning drive slot?
Comment by Running with scissors Thursday, Jan 22, 09 @ 11:01 am
I wish all the variations of “… the people” would just get banned. ‘Working for’, ‘thwarting the will of’, ‘running for’, ‘breathing for’, whatever. Who ever uses that phrase always implies they have special understanding of what is needed and everyone agrees with them. It is almost always a sign to duck because BS is coming.
Comment by zatoichi Thursday, Jan 22, 09 @ 11:05 am
You are right Pot!
Much better, funnier and more accurate.
The only thing I think I can start adding would be Blagojevich’s radio sponsors…
“Get Blagojeviched with Hair Club for Men! The Club has a new full line of Paul Mitchell for Blagojevich hair products and a new style line of hair, inspired by the felonious governor himself!”
“Take a look at this one, “The Begging Bowl”, an update of the classic with that Blagojevichian take. Or, perhaps you would like “The Ethical Burr”, another Blagojevich-inspired twist on a classic short cut. And speaking of short cuts, with every purchase of the Blagojevich line from Hair Club for Men, you can enter to win a black polyester jogging suit, handsomely detailed with white side racing strips and pit stains.”
“You won’t want to miss this [bleeping] golden offer!”
Comment by VanillaMan Thursday, Jan 22, 09 @ 11:07 am
I’d love to see Jimmy Shorts interview the Governor on WLS.
Comment by dznuts Thursday, Jan 22, 09 @ 11:19 am
Rod, if it truly is “the will of the people,” where is the outrage? No one is outraged by how you are being treated. NO ONE.
Comment by Lurker Thursday, Jan 22, 09 @ 11:23 am
I wish Rod’s lawyers all the luck in the world, and can’t wait to hear their arguments. Unlike Rod, who barely passed Constitutional Law in law school, I have read the Constitutions of the U.S. and Illinois.
A little refresher for Ed Genson….
Amendment X, U.S. Constitution:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Footnote: the U.S. Constitution is silent on the impeachment of state officeholders.
Amendments 5, 6 and 14, U.S. Constitution:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
“1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Emphasis added.
Footnotes: Impeachment is not a criminal trial, so Amendments 5 and 6 are inapplicable.
Rod’s ONLY hope before a Federal Judge is to argue that he’s protected under the 14th Amendment’s Due Process clause. However, impeachment does not deprive him of life or liberty. Nor does it deprive him of property, as far as i can see: he will be paid his earned salary, through his last day of service, and the Pension Code entitles him to his pension unless convicted of a felony.
Comment by Yellow Dog Democrat Thursday, Jan 22, 09 @ 11:54 am
OneMan-can’t be deprived of property without due process. He has a property right in his job, at least for 23 more months
Comment by steve schnorf Thursday, Jan 22, 09 @ 11:56 am
===has rod ever read the illinois constitution? ===
I sure hope so. He did swear to uphold it. Didn’t he?
Comment by Former State Employee 2 Thursday, Jan 22, 09 @ 11:58 am
===He has a property right in his job, at least for 23 more months ===
The Illinois Constitution that he is sworn to uphold says otherwise, Steve. He can be impeached at any time for any reason. That’s part of the job description.
It’s more like signing a lease, rather than buying a piece of land. Violate the lease and you’re out on the street.
Comment by Rich Miller Thursday, Jan 22, 09 @ 11:59 am
Rich, I know you feel strongly about this point, but I imagine you agree that no language in the Illinois Constitution can render invalid any portion of the US Constitution (the ultimate “nullification”), and the Constitution is pretty specific. I don’t have any doubt that he has a property right or interest in his position, but I suspect we shall see.
The repeated discussion of whether, by failing to “exhaust administrative remedies” (the Senate impeachment trial?) he has abandoned standing to seek relief from the Courts is an interesting one. I suspect we shall soon see about that also.
Comment by steve schnorf Thursday, Jan 22, 09 @ 12:15 pm
SS - Maybe Rod should hire you for the next week. But it will only be a one week gig.
Comment by Running with scissors Thursday, Jan 22, 09 @ 12:22 pm
Update:
Around 11:30 a.m. Blagojevich left his home dressed in jeans and a coat. He did not elaborate on his earlier statements but said he might have more to say Friday. He got into a state car with his security detail and left.
Comment by Anonymous Coward Thursday, Jan 22, 09 @ 12:22 pm
If You Impeach Me Now
song and lyrics by Chicago, modified and performed by Rod Blagojevich
Now THAT’s some fine elevator music!
Comment by Six Degrees of Separation Thursday, Jan 22, 09 @ 12:28 pm
We’re all forgetting the key phrase of the House impeachment report —
the purpose of impeachment is not to punish the office holder, but to protect the public from future misconduct.
So Blago’s rights to the office and his salary are irrelevent. The only question is whether the State Senate will decide that Blago is too dangerous to keep in office.
I think that it is an easy decision.
Comment by Capitol View Thursday, Jan 22, 09 @ 12:28 pm
Rich, also, the question isn’t whether he can be impeached and convicted under our state constitution.
It’s what rules, if any, are there for the process and does he have any rights under the US Constitution for those rules not to deny him due process, and do the current rules meet that standard, whatever it may be. I am most skeptical whether the prohibition on calling certain witnesses meets that standard. He will argue that he can’t defend himself against accusations where relevant witnesses to his arguments (Were you asked for, or do you feel you were pressured for, any donation to the Governor’s campaign fund in return for…?) can’t be called.
Comment by steve schnorf Thursday, Jan 22, 09 @ 12:30 pm
Maybe Rod was taking his kitty to the medical department at the American Doll store on Michigan. The kitty has been aggressively scratching at the door at home to get out.
Comment by Tao of Rod Thursday, Jan 22, 09 @ 12:32 pm
CV-people’s rights are never irrelevant in my opinion. They are sometimes abridged, limited, ignored, or denied, but they have recourse, and that’s what I think is at issue here. Does he have recourse to the courts to determine whether his rights are violated, and if so, what will the courts say about the substantive issues.
Also, the issue of whether he is being “punished” will almost certainly be irrelevant. The issue will simply be is he being deprived of property through this process. In a vacuum, I believe the answer is almost certainly “yes”.
Comment by steve schnorf Thursday, Jan 22, 09 @ 12:39 pm
But Steve, isn’t the “prohibition” on calling certain witnesses designed to PROTECT Rod’s due process rights in the criminal trial, where the stakes are a lot higher, since that proceeding could result in his losing his liberty AND a lot more of his “property”? In which proceeding is the due process more important?
Comment by Secret Square Thursday, Jan 22, 09 @ 12:58 pm
Thew Governor’s press office released a “statement” from the Governor just before noon that was essentially the same thing he told the reporters early this morning. Was he prepared in advance for the reporters when he went jogging?
Comment by Captain Flume Thursday, Jan 22, 09 @ 1:04 pm
== He has a property right in his job ==
So do we all have that same property right, unless we are seprated from that property by and act of law.
Comment by Captain Flume Thursday, Jan 22, 09 @ 1:20 pm
I respect Steve immensely - and I’m not an attorney, but wouldn’t misfeasance of office for actions taken prior to the federal arrest be sufficient to eliminate a property right to a job? Similarly, would a Rutan-Exempt state employee found guilty of breaching state ethics have a property interest in his/her state job even thought they can clearly be terminated?
I also understand that we don’t want to have a set of rules that makes it easy to impeach ANY governor, but I think you forefit a property right to a job if you’re found guilty and impeached. It’s not like they’re impeaching him on some conference committee vote. His transgressions are well documented.
Comment by dznuts Thursday, Jan 22, 09 @ 2:34 pm
I was laid off once, there was no due process (at least I was given no recourse). Should I have sued? I think I would have been laughed out of court. If there were such a right, it would have been adjudicated long ago.
Comment by Pot calling kettle Thursday, Jan 22, 09 @ 2:49 pm
If the Gov. has a contractual right to his job, the impeachment process is his due process and he is choosing not to participate. I agree with previous posters that his failure to participate in good faith negates any case he might try to make. He would be better off filing requests so he could argue that their denial was in violation of his rights.
Comply then grieve.
Comment by Pot calling kettle Thursday, Jan 22, 09 @ 2:55 pm
I think the courts will defer to the legislative decision to impeach and convict the Governor. I can not imagine any circumstances/any judge in any jurisdiction, who might want to overrule a purely political impeachment decision. Removal from office seems like a reasonable and appropriate remedy when a disgraced and discredited Governor refuses to resign.
Comment by Captain America Thursday, Jan 22, 09 @ 3:24 pm
I don’t think the impeachment decision is purely political. It’s a constitutional decision based on official actions taken, not purely political or partisan reasons. If it were purely political, I think the House vote would have been a lot closer than 117-1 (or 116-1-1, depending on which impeachment you count).
Clearly this is different from a criminal proceeding, but I don’t think we should demean it or lessen it by referring to it as a political event.
Comment by dznuts Thursday, Jan 22, 09 @ 4:30 pm
The “Property Rights” cocept applies to incumbents of civil service positions that are not in any way exempt - 4d3 etc. The incumbent accrues the property right upon completing the probationary period and being “certified”. An elected public official is the most exempt, non property right status in public employment.
Comment by A Citizen Thursday, Jan 22, 09 @ 4:50 pm
What would the Governor talk about? Wouldn’t he be restricted since his Federal trail has not come up yet? Maybe, the Feds would be his biggest audience.
Comment by this voter will remember Thursday, Jan 22, 09 @ 4:50 pm
Since they don’t appear to be filing a lawsuit, this is a moot point.
Comment by Rich Miller Thursday, Jan 22, 09 @ 4:55 pm
Gee, Anonymous 8:29, you’re right! Someone must have been reading bookworm’s comments last night.
Comment by Anonymous Thursday, Jan 22, 09 @ 10:21 pm
Vman, better limber up those fingers. Never know, they might need a writer!
Comment by Anonymous Thursday, Jan 22, 09 @ 10:26 pm
dznuts, nice call. I miss Jimmy. The TV show was great.
Comment by Cranky Old Man Friday, Jan 23, 09 @ 10:58 am