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Ill. Supreme Court Takes a Pass on Blago's Fitness to Serve
December 17, 2008 2:12 PM
ABC News' Matthew Jaffe Reports from Chicago: As Gov. Rod Blagojevich's attorney was arguing with lawmakers in Springfield, the Illinois Supreme Court rejected Attorney General Lisa Madigan's attempt to oust Blagojevich from office, announcing that it had refused to hear a motion that deemed the governor "unfit to serve."
Madigan said she was "disappointed" in the decision.
"Because of Governor Blagojevich’s refusal to resign, the State of Illinois is in an unsustainable situation," she said in a written statement. "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."
At a press conference in Springfield following a hearing of a special investigative committee looking into a possible impeachment, Blagojevich's attorney Ed Genson said, "I didn't think she should have filed there and I guess I was right."
When asked by a reporter why not, he responded: "Because we have an impeachment proceeding that they're trying to do down here. The Supreme Court is not trying, doesn't want to, take over what the legislature is going to do or not going to do."
Genson also added that the governor will not appoint anyone to fill Barack Obama's vacant Senate seat.
"Harry Reid said that they're not going to accept anybody, so why would he do that?" Genson responded.
During his meeting with the panel earlier today, Genson requested that a number of lawmakers be removed from the investigative committee that is preparing to make a recommendation on whether to impeach the governor.
"A number of the people who are on this committee expressed views that made it perfectly clear that they'd already made up their minds in this case," attorney Ed Genson said to a special investigative committee of the Illinois legislature meeting today in Springfield.
Genson specifically asked that Rep. William Black, Rep. Jil Tracy, and Rep. Jack Franks not be permitted to participate in the hearings of the 21-member bipartisan panel formed this week by House Speaker Michael Madigan.
"The fact of the matter is they made comments which shows they can't be fair," stated Genson. "They made comments which shows Rod Blagojevich cannot get a fair and impartial hearing of this committee."
Committee chair Rep. Barbara Flynn Currie of Chicago had adjourned the panel's first meeting yesterday to give Genson time to come to Springfield for today's session. She immediately shot down the attorney's request.
"This committee is not in a position to expel or recuse members of the committee, so I think that we would not accept your proposal at this time," Currie told the lawyer.
In fact, she said she was "pleased with the opening statements of the members yesterday" because they showed that "they were going to undertake this effort in a spirit of due process and fair play".
Blagojevich, arrested last Tuesday on charges that included trying to sell President-elect Barack Obama's former Senate seat, hired Genson on Monday to represent him. Genson has said the governor is not guilty and will fight the charges.
Today the high-profile Chicago defense attorney asked the hearings be adjourned to give the defense "appropriate time to prepare," citing that Blagojevich's team had only been given one day's notice about their chance to speak before the Springfield panel.
This request, too, was promptly dismissed by Currie.
"I don't think we can wait around and put this off for another six months or another year," she responded.
Also today, Genson said it would be illegal for the committee to use recordings from government wiretaps and he questioned the rules that the panel would implement as they assess the governor's possible impeachment. The attorney said he had looked through the laws and the state constitution and found "nothing" about the basis for impeachment.
"I find nothing, nothing in any of those places that talks about what is the basis and what the basis for impeachment can be," Genson said. "I find nothing in any of those places regarding the standard of proof."
Replied Currie, "Impeachment is appropriate if there is cause for impeachment."
Blagojevich will likely hold a news conference later this week to state his case.
December 17, 2008 | Permalink | Share | User Comments (70)
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The charges against IL governor appeared to be shallow, flimsy and a set up at best. I suspect some kind of collusion by Chicago Tribune and other enemies of the governor having some hands directly or indirectly in his predicament. Vengeance and vicious politics begets vengeance and vicious politics. This cut-throat dance of the swords is commonplace in Chicago and this governor is a victim of his own messy environment.
Rarely do you see a newspaper so embroiled with the state chief executive and at the same time negotiating with US Attorney's office on when to publish a "secret" wiretap on their front page. This case is kind of bizarre. From many newspaper accounts, I see some joint coordination between Chicago Tribune and US Attorney's office, even though this IL governor is no angel by any stretch of your imagination.
What the governor is being accused of doing is not an abrasion; it is neither unusual nor extra-ordinary especially in US politics. In all state capitals and corridors of power in this nation, similar deals are cut daily and virtually on all issues. It is called lobbying, fundraising and interest peddling. Apart from political damage, getting a conviction here is even harder without actual funds exchanging hands. Merely discussing these things does not constitute commission of the actual crime.
To add salt to injury, as the bad press makes the governor radioactive, it is a full season for those that want to be declared saints overnight from the filth called Chicago. It is shameful for State assembly to jump to conclusion before the investigation is even concluded. It is even crazy for the stat AG to invoke unrelated constitutional power in declaring the governor persona non-grata. All these bizarre actions are self centered, self serving and self promotion that have politics written all over it instead of the rule of law.
Unfortunately, our laws allow these shenanigans that IL governor is accused of and have very few gray areas which any defendant can work gingerly. It is just that there is too much bad blood in Chicago and corrupt reputation of its politicians, if not no one will hear about this. Sadly, Chicago does not possess the exclusive monopoly to this kind of shady deals and pay to play schemes. To claim surprise is disingenuous and dishonesty at best. In the same vein, to exaggerate and make a huge mountain out of this ant-hill is stupid. Well, except to score political points and settle old scores.
I suggest, we let the investigation run its course and the man his day in court. No one should be foolish enough to throw the first stone at this man no matter how blatant his accusers want a pound of his flesh. He is not a saint neither are the AG's office and the State Assembly. Gov. Roy did what comes natural in the dirty profession aka politics.
Posted by: ed banks | Dec 17, 2008 2:52:38 PM
While the sentiment above of due process is laudable, the governor appears to have little or no shame and is certainly in no position to exercise his duties considering the allegations. I'll let the people of Illinois solve this problem, but it would seem best if the governor temporarily recuse himself from his duties until the matter is settled in an expedited fashion.
Posted by: MIguy | Dec 17, 2008 2:57:19 PM
I agree with the attorney. Our lawmakers are just idiots. They rush to judgment without having all the facts, like they did on the invasion of Iraq. Yes, I know this is just the Illinois government, but their prejudgment is reflective of the same attitudes in our federal government. This guy deserves his day in court. And the lawmakers that have already stated their opinion absolutely should be removed. Their unfit to sit on a school board!
Posted by: Danny | Dec 17, 2008 2:57:28 PM
Rep. Barbara Flynn Currie is off to a good start. She should not play Genson's trial lawyer's game.
Impeechment is a political remedy. It is not a judicial proceeding. There are no rules of evidence and not "standard of proof." The bottom line is that if 3/5 of your legislators say you should go, then you are out. They can impeech you for any reason and that's the way it should be. It's political process.
The Governor has failed as a leader to command the respect and trust that is necessary for a political leader to execute his reponsibilities. he can no longer get any real work done for the people and he must now go....period.
I hope this committee keeps its spine. Don't play this lawyer's game!
Posted by: Gary Bonner | Dec 17, 2008 2:57:31 PM
Blago is a selfish scumbag.
Blago only cares about his reputation which is already destroyed. Blago cares nothing about the people of Illinois that he is suppose to be serving.
This guy is not a servant leader. He has been under investigation since 2006. He has ties to the mob even before that time. It goes on and on. When will it stop.?
Posted by: Mike | Dec 17, 2008 2:57:44 PM
Oh, here we go. What should be an easy ouster is now going to turn into an expensive, drawn out ordeal that will further alienate citizens from their government. The whole damn system is corrupt.
Posted by: Pendleton | Dec 17, 2008 2:58:18 PM
Correction to last post: I mean't they're (not their) unfit to sit on a school board!
Posted by: Danny | Dec 17, 2008 3:00:13 PM
I'm a Chicagoan and I say impreach that Dirty Scumbag!!!
Posted by: Chicagoan | Dec 17, 2008 3:04:37 PM
ed banks - are you kidding me? Shallow and flimsy at best???!!! The governor is guilty - period. Now he is just playing political games trying to save his career. Any jury or state prosecutor will have this guy AND his attorney for lunch
Posted by: Bob | Dec 17, 2008 3:04:44 PM
I guess stupidity and crass vocabulary is not a valid reason for impeachment; this is the way politicians work so give the poor man a break. (tongue firmly in cheek).
Posted by: Lon | Dec 17, 2008 3:06:49 PM
Cant we get the titles of all the blago stories to say Democratic Govenor Rod etc..
Or DNC member Govenor Rod Blago
I think party affilication is all important here because the Dems run the entire state.
Posted by: ChicagoBob | Dec 17, 2008 3:09:31 PM
CORRECTION TO LAST POST: I should have said, "I guess stupidity and crass vocabulary are not valid reason for impeachment."
Posted by: Lon | Dec 17, 2008 3:10:09 PM
Oy! "are not valid reasons" - I guess there is enough stupidity to go around.
Posted by: Lon | Dec 17, 2008 3:11:42 PM
Mr. Blagojevich, quit posting to this board under the name "Ed Banks." We know you're guilty of far more than is even being reported.
Posted by: Randall | Dec 17, 2008 3:15:27 PM
This is why is a prime example of why this country is becoming ever more dysfunctional. Criminals get to run state governments withouth any shame or consequence. This Serb gangster needs to be removed from government while he is being tried so that the state can continue to be governed legitimately.
Posted by: DefenderOfTruth | Dec 17, 2008 3:18:24 PM
Blago has way too many charges and building evidence against him.
Every day longer he stays as Illinois Gov. the more he embarrasses Illinois.
It's not like he is a CEO of some business; he is a freaken Governor of a state who no longer has the trust of the people. State employees need a leader they can at least trust at this point. The salt trucks are not even doing a good job right now; I wonder why.?
Step down already!!!
Posted by: Mike | Dec 17, 2008 3:19:21 PM
Doesn't anyone find it odd that the Governor of Illinois is in Chicago all the time? Last I looked the capitol of Illinois was in Springfield and Governor Goofy should be there, too.
Posted by: Beth | Dec 17, 2008 3:22:05 PM
Just our luck, the glove will have shrunken and therefore will no longer fit. Let's hope justice prevails on this matter.
Posted by: Silent scream | Dec 17, 2008 3:22:42 PM
Come on people. Its not a make believe world out there. Do you think this man will leave? Do you think the Dems want him out and do you think the Ill. Supreme court will do anything? Oh guess they are not. This guy if he was in New York could fill Hills shoes instead of Kennedy. Or maybe he will appoint himself to fill Obamas shoes. What a last slap in the face to everyone that would be.
Posted by: Jim Rod | Dec 17, 2008 3:27:13 PM
If Blago the Crook dont go, I urge all the people of Illinois to march down his streat calling for his resignation or impeachment. If that does not work, Then all the people of Illinois should take him and put his ass on a plane and send him back to Serbia. Enough is Enough. We want him out NOW!!!!
Posted by: Chicagoan | Dec 17, 2008 3:32:28 PM
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