Breaking: Illinois AG files motion to declare Blago “unfit”
posted at 12:28 pm on December 12, 2008 by Ed Morrissey
Illinois’ Attorney General moved today to disconnect Governor Rod Blagojevich from executive power through the judiciary today, rather than wait for the legislature to act. Lisa Madigan filed a motion with the Illinois Supreme Court finding Blagojevich “unfit for office.” That would not impeach Blagojevich per se, but it would force executive power into the hands of Lt. Governor Pat Quinn:
The Illinois attorney general has filed a motion with the state’s highest court asking justices to remove scandal-plagued Gov. Rod Blagojevich (bluh-GOY’-uh-vich) from office.
Lisa Madigan took the action Friday as pressure on the governor intensified to step down. The motion challenges his fitness to serve and asks that the Supreme Court oust him.
Madigan scheduled a news conference in Chicago Friday morning to discuss the motion.
Reports do not include what defect Madigan will use to argue for unfitness. Normally, one would expect that to rely on a mental or physical defect so obvious that the Supreme Court would have to intervene immediately rather than rely on the legislature. We’ve speculated that Blagojevich had to be crazy to think he could get away with the kind of corruption he planned to commit, but that’s a form of political insanity, not a mental defect.
While I sympathize with Madigan’s motives, this is the wrong approach. The judiciary should not be the judge of political questions. That responsibility lies with the legislature, which can act immediately if it chooses. The court will also have to consider the fact that the defects Madigan will use — the wiretap evidence — has yet to be tested in a trial. They really have no basis on which to make this ruling as a matter of law, and that’s the limit of their jurisdiction.
The Illinois state legislature should open a session immediately and remove Blagojevich’s authority, either temporarily or permanently. This is a political question, at least at the moment, and that falls entirely within their purview as the representatives of Illinois citizens.
Blowback
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Activist judges.
lodge on December 12, 2008 at 12:31 PM
Who wants to play name-that-party? Anyone? Bueller?
ex-Democrat on December 12, 2008 at 12:32 PM
Democrat… Madigan wants Rod’s job in two years and is engaging in some political posturing.
Illinidiva on December 12, 2008 at 12:33 PM
Give him glasses and he and Janet Reno are twins.
carbon_footprint on December 12, 2008 at 12:35 PM
On what grounds would they declare him unfit? Just because he is accused of a crime?
I agree that this is the wrong approach. The legislature should act to impeach.
t.ferg on December 12, 2008 at 12:36 PM
This would pave way for appointment by successor Pat Quinn, and not a special election.
aquaviva on December 12, 2008 at 12:37 PM
Wow. I never noticed that, but you’re totally right.
BadgerHawk on December 12, 2008 at 12:37 PM
Reminds me of Fred Savage all grown up.
cannonball on December 12, 2008 at 12:38 PM
Left wing ideologues have a shameful history of using mental health pretense for political control. The Soviet Union “hospitalized” all those who were inconvenient to the Central Committee.
Democrats are natural totalitarians. Get used to it.
jeff_from_mpls on December 12, 2008 at 12:39 PM
Does this remind anyone else of that season of 24 where the cabinet convenes to remove the president as unfit because they don’t agree with his decisions?
t.ferg on December 12, 2008 at 12:39 PM
Yes, except 24 incorrectly made it a trait of conservative hawks to abuse psychiatric categories for political aims when this tactic has its origins in communism, i.e., is much closer to the democrat party than to “right wingers.”
jeff_from_mpls on December 12, 2008 at 12:42 PM
Yeah, you can’t declare someone unfit simply because they’ve been charged with a crime. If Blago had a shred of decency he’d resign, but I believe he traded it all for his hair. And a few more f-bombs.
rbj on December 12, 2008 at 12:43 PM
I am an Illinois conservative ( I need to establish that first.) This public flogging the Blagojevich is being subjected to is unseemly.
He has not been found guilty of any crime. Rather the government has released partial transcripts of conversations that took place – conversations.
Politicially speaking, what Blagojevich said was absolutely true, namely that the appointment as U.S. Senator was worth a lot. Do the feds have anything more than converstaions between Blagojevich and his chief of staff?
Are they going to criminalize political trading that occurs every day at every level of government? (Why wasn’t Hillary indicted for swapping her endorsement of Obama for a pledge to help retire her campaign debt?)
I’m jaded enough that this didn’t really surprise me.
Politicians look to take advantage of an opportunity – it’s what they do (keeping in mind I speak only of politics and not personal remuneration.)
How many spouses of Senators and Congressman get appointed to boards? Do any of you think this is based solely on their personal qualities or professional qualifications? Please.
Sheerq on December 12, 2008 at 12:43 PM
Just thinking out loud here, but if you take potential for political damage to The Lightworker Whose Name May Never be Uttered Except in Messianic Hope and Changey Reverance out of this Chitown/Blago equation, would the powers that be in that state be THIS jacked up about getting Blago out of the way this quickly? what happened to the presumption of innocence?
Call me a wingnut, but I suspect that if the Great and Powerful Rider of Unicorns Who Made the Seas Stop Rising and Made the World Loves Us Again were nowhere to be found anywhere in this rapidly building crapstorm, you would very likely see two things:
1) a drastically reduced sense of pressure by Dems to get Blago out of the way and
2) a significant shift of media focus away from whatever Blago might have done towards severe and relentless criticism by the MSM, hopping mad about right-wing conservative glee that a powerful popular progressive Governor and FOBarack is being hassled when all he wants to do is help people. In other words, a totally different media focus/narrative.
Mike D. on December 12, 2008 at 12:44 PM
They are trying to get the power to appoint Obama’s replacement into the hands of the Lt. Gov. before the Legislature can act to instate a special election.
PJ Emeritus on December 12, 2008 at 12:44 PM
Indeed. The people of Illinois should demand to be in charge, and eventually even elect who will be their next Senator.
Our politicians have ALL forgotten that they serve at our behest and on our dole.
The AG of Il should focus on legal matters. No matter what, Blogo is still presumed innocent, until otherwise proven. We are still in the English system of law.
Entelechy on December 12, 2008 at 12:45 PM
I think it is an attempt to get him, and by association Barry, off of the front pages more than an attempt to clean up the state house.
Vashta.Nerada on December 12, 2008 at 12:45 PM
You make some good points there. Frankly, I’m convinced that most of our political class is just as corrupt and graft-tainted as Blago. The only difference is that his conversations got taped and transcribed for us to read.
That’s why I think the best course of action is to hang them all.
t.ferg on December 12, 2008 at 12:46 PM
One week ago = Obama’s good friend
Today = He is mentally ill.
Firebird on December 12, 2008 at 12:47 PM
He’s obviously unfit on account of that hair.
Akzed on December 12, 2008 at 12:48 PM
Yeah, I love how on one hand, they’re all saying we should lighten up because Obama’s speech writer is a slobbering drunk, and yet this guy uses bad language and the left wing says he’s mentally ill. Sure, now the Woodstock generation suddenly adopts standards of public conduct?
These people are so transparent.
jeff_from_mpls on December 12, 2008 at 12:49 PM
Where’s the contradiction?
the_nile on December 12, 2008 at 12:51 PM
On all the TV shows where there is an investigation/sting, the perpetrators must be caught in the act, the bribe money changes hands, the drugs are delivered etc. At this point what is the extent of the crime? Conspiracy? Most significantly, Blago was made that Obama would not pony up for his replacement. Again, what crime was committed and why all the panic among the Democrats (particularly when the Democrats defend countless sex offenders, bribes, lies etc among their own)? Someone on the inside must think this is only the tip of the iceburg.
jerseyman on December 12, 2008 at 12:55 PM
She’s a Dem and the daughter of Mike Madigan, another dirtbag who’s the Speaker of the House in the Illinois House of Representatives.
Nepotism the Illinois way
Knucklehead on December 12, 2008 at 12:55 PM
Are there enough Republicans and/or other decent Illinois legislators to force an election? If so, then that would explain the panic of running to the courts.
pedestrian on December 12, 2008 at 12:56 PM
This is truly dumb. The man is a scumbag but even a scumbag is entitled to a presumption of innocence. If the Lt Gov was a Republican they would be pushing Blago to make the appointment anyway or insisting on a special election. This is just a lame attempt to get Quinn in before the people insist on an election. There really is no way around a special election at this point. Anyone appointed is tainted now. Illinois is corrupt as hell. Are we to assume Quinn is any better just because there are no tapes of him.
Lesson to other states, elected representatives should be elected, always.
Rocks on December 12, 2008 at 12:57 PM
Hey, Ya’ll. Here is a photo of the Illinois Attorney General. HERE
MikeA on December 12, 2008 at 12:58 PM
The Lightworker Whose Name May Never be Uttered Except in Messianic Hope and Changey Reverance … the Great and Powerful Rider of Unicorns Who Made the Seas Stop Rising and Made the World Loves Us Again
Oh, you must mean O’Rah’Bama, the Sun God! Yeah, He’s pretty awesome!
Tony737 on December 12, 2008 at 12:58 PM
Maybe I’m hung up on the word ‘sympathize’ but this is an obvious abuse of power on the A.G.’s part and if someone on the IL Supreme Court has balls they will ask her if she has really come prepared for such an arguement or is she doing this for her own political gain?
grdred944 on December 12, 2008 at 12:59 PM
What precedent would be used and more importantly what precedent would be set?
Would enough liberal SCOTUS jurists be able to declare unfit a Pres. unwilling to protect polar bears?
Speakup on December 12, 2008 at 12:59 PM
Has anyone considered the alternative explanation that the AG is helping the Gov. because if the Ill Supreme Court rules against the admissibility of the wiretap evidence, Its out period. The Fed’s can’t us it later. This is Chicago, nothing is as it seems.
meci on December 12, 2008 at 12:59 PM
This motion probably won’t go anywhere legally, but it would probably put more pressure on Blagojevich to resign.
Blago might be tempted to hang on if he can either trade his resignation for a plea deal with Fitzgerald, or for a pardon from Obama. Unless the Illinois State Legislature takes matters into its own hands.
Either way, Blago could kiss his payback for the Senate pick good-bye, and probably has visions of $100 bills with wings flying away from him in his starry eyes.
Steve Z on December 12, 2008 at 1:00 PM
Not for the court. This would be a bad precedent to set.
A governor gets elected, then gets accused of something, then the court yanks him from office within a few days? No doubt Blago deserves it, but we don’t want to start handling things that way, or we’re open to a whole new variety of power abuse when courts start throwing out duly elected officials within days of being accused of wrongdoing.
forest on December 12, 2008 at 1:04 PM
They promised Skunky Harry Reid that the seat would not fall into GOP hands. How better than to avoid an actual election?
Vashta.Nerada on December 12, 2008 at 1:06 PM
He has not been found guilty of any crime. Rather the government has released partial transcripts of conversations that took place – conversations.
cs89 on December 12, 2008 at 1:08 PM
This is a massive a$$ covering move to protect the Illinois political machine.
Dr.Cwac.Cwac on December 12, 2008 at 1:08 PM
That tells me that there are several shoes set to drop, and the dems are desperate to prevent it.
Vashta.Nerada on December 12, 2008 at 1:08 PM
If I recall, to be removed from office he doesn’t need to be found guilty. The state just has to believe he’s unfit and that’s enough for removal.
LastRick on December 12, 2008 at 1:09 PM
On topic, though, the AG needs to remember what her job description is. I don’t think “Charged” = “incapacitated,” or whatever the right term is here.
cs89 on December 12, 2008 at 1:09 PM
Uh oh. Looks like the same political machine that hid Tony Rezko is now working to allow an insanity plea for Blago.
Garbage in, garbage out.
MadisonConservative on December 12, 2008 at 1:11 PM
Fox just reported that Lisa Madigan was “Candidate #2″ for the Senate seat.
Knucklehead on December 12, 2008 at 1:13 PM
Clearly, he is unfit because his behavior casts a pall over The One’s shining countenance. First Commandment: Thou shalt not diminish the Messiah’s glow.
SKYFOX on December 12, 2008 at 1:15 PM
Blagojevich has been doing what every other Chicago democrat has been doing for decades. Not much evidence there that he is an aberration or mentally unfit – indeed, he seems quite fit for the role.
Vashta.Nerada on December 12, 2008 at 1:15 PM
Hey! Limbaugh just mentioned Ed and HotAir.
Blake on December 12, 2008 at 1:18 PM
She is trying to 382 him? that’s not in her powers is it? He isn’t really crazy he is just moonbat crazy.
I was really betting Blago would be on Barbra Walter next week crying about his lost puppy childhood trauma that caused his (or his wife’s) additiction to explain away his behavior.
To paraphrase Groucho – “that man may talk like an Chicago politician and act like a Chicago politician but don’t let him fool you – he’s a Chicago politician.”
batterup on December 12, 2008 at 1:20 PM
It’s getting funny … I wonder what Blagojovich knows about whom that they need to declare him insane and unfit for office.
tarpon on December 12, 2008 at 1:20 PM
He’s got that 70s Dem hair thing though?
White political guys go down like a sack of potatoes in ole Chikago.
Maybe Ayers will have a spot for him at Camp Obama’s ordnance depot?
Hening on December 12, 2008 at 1:20 PM
Vashta.Nerada on December 12, 2008 at 1:15 PM
All political parties engage in this. I take public transportation to work in Chicago’s loop every day. I take the Orange Line train.
The Orange Line train exists because Reagan promised funding for it in exchange for a local Congressman’s (Dan Lipinski) vote of funding for the Nicaraguan contras.
This is what politician’s do.
This comes awfully close to criminalizing politics unless there is rock solid proof of personal venality by Blagojevich.
Sheerq on December 12, 2008 at 1:20 PM
Rush nailed it today.
It’s all about sweeping Blagojevik under the rug so he never openly testifies in court. The State of Illinois wreaks of political corruption from top to bottom.
I hope Blago is seriously considering the big bucks he could make on a book and movie deal if he spills the beans in a courtroom. Otherwise I don’t see a lot of income coming his way for the next 20 years.
Come on you money grubbing Democrat a-hole, go for the gold.
fogw on December 12, 2008 at 1:21 PM
Does this mean we can look forward to the Rod Blago’s Dance Party?
Dr.Cwac.Cwac on December 12, 2008 at 1:22 PM
Blago was looking for some money for his own pocket. If he said he wanted a new school in an underserved area in exchange for an appointment, that would be sleazy but not flat out illegal.
pedestrian on December 12, 2008 at 1:28 PM
Not a lawyer, but I’m pretty sure offering a political appointment in exchange for personal money or office is by definition a criminal act.
Do others do it? Sure, but try that excuse next time you get pulled over for speeding while other cars whiz by.
cs89 on December 12, 2008 at 1:28 PM
In the news conference that just ended, the Illinois AG said Blago can’t function (not due to mental issues) because the state can’t get credit with Blago’s situation. Did anyone else hear that? Any lawyers who can weigh in on this? Is it legit?
Red State State of Mind on December 12, 2008 at 1:29 PM
cs89 on December 12, 2008 at 1:28 PM
What if it was political campaign money that was sought?
Sheerq on December 12, 2008 at 1:30 PM
If Rod is unfit you must acquit.
DeweyWins on December 12, 2008 at 1:30 PM
Wonder if he writes a book, any chance he could get on Oprah’s Book List? Just saking…
Red State State of Mind on December 12, 2008 at 1:30 PM
In which the States (ALL of them) should start passing Nepotism Laws on people who try to put Relatives, Friends etc into their seats or in different seats in office.
Alaska has done it.. I know a couple other States have as well but I can’t recall them.
It would make those who have relatives in Office actually RUN for office rather then just have it handed to them.
upinak on December 12, 2008 at 1:31 PM
Totally off topic, but John Harris, Blago’s Chief of Staff, just resigned.
http://www.suntimes.com/news/metro/blagojevich/1328354,john-harris-blagojevich-illinois-governor-121208.article
Knucklehead on December 12, 2008 at 1:31 PM
pedestrian on December 12, 2008 at 1:28 PM
That is what the allegation is. Let’s have it proven in a court of law before we convict, okay?
Sheerq on December 12, 2008 at 1:31 PM
I’d like to put a barrette in his hair.
Oink on December 12, 2008 at 1:32 PM
Channeling the late Johnny Cochran?
Dr.Cwac.Cwac on December 12, 2008 at 1:33 PM
Oink on December 12, 2008 at 1:32 PM
LMAO.
Sheerq on December 12, 2008 at 1:33 PM
Yes, they take bribes, lie to the American people and sell our secrets to our enemies. They’re viciously dirty.
That doesn’t make their actions legal.
Esthier on December 12, 2008 at 1:34 PM
There is an interesting battle going on here where the machine Democrats are terrified that the governor’s replacement, Pat Quinn, will have the power to name the new Senator. It appears that Quinn is actually one of the strongest reformers in Illinois, and his appointment will not support the usual constituencies in Chicago and Cook County. Thus, any impeachment will be done after the state law makers change the law on how the Senate seat is filled. The AG’s action may be part of a plan to push the state law makers to act on the impeachment issue first.
RedSoxNation on December 12, 2008 at 1:35 PM
Better Pic of theobviously non-biased AG HERE
MikeA on December 12, 2008 at 1:36 PM
I think it’s still illegal (again, not a lawyer). These tapes seem to cover the gamut, though- Blago’s looking for money now, and he’s willing to take a decent-paying job that will benefit him, or have Ms. B put on profitable corporate boards. Maybe political fundraising $ would work. However, I think that trading x $ for y office is clearly against the law, even if the money ends up in a campaign account.
cs89 on December 12, 2008 at 1:36 PM
yea, but we all know that Alaskans are just a bunch of rubes…look at that Governor of yours, upinak.
Red State State of Mind on December 12, 2008 at 1:36 PM
What’s the hurry. Slow down.
faraway on December 12, 2008 at 1:38 PM
Does this mean he’s going to start singing????
Oink on December 12, 2008 at 1:38 PM
El Rushbo’s fired up today.
Oink on December 12, 2008 at 1:39 PM
.
I agree, the problem is, courts are way too willing to over-reach and play king-maker.
Mark30339 on December 12, 2008 at 1:42 PM
Really red state, this was BEFORE Sarah came into office. Idiot… look up some laws.
upinak on December 12, 2008 at 1:42 PM
Tell that to the AG. He’s obviously guilty, but until convicted he is still Governor.
pedestrian on December 12, 2008 at 1:43 PM
According to the local Chicago news, they’re beating down the door to talk to Fitz to cut a deal. JJJ is there today.
Knucklehead on December 12, 2008 at 1:43 PM
And BTW… what has Sarah done? Oh do tell… I would LOVE to hear it.
upinak on December 12, 2008 at 1:44 PM
Careful, upinak, I think Red State State just forgot the sarc tag.
Esthier on December 12, 2008 at 1:44 PM
That would be sweet. Link?
cs89 on December 12, 2008 at 1:45 PM
I don’t think red is. Sarc or not… IL is 10 times more corrupt then Alaska is as a whole.
upinak on December 12, 2008 at 1:46 PM
Hey, Upinak, don’t start lecturing us down here in the Lower 48. I’m confident the Chicago Machine can handle this ‘distraction’ just fine with no interference from the citizens in “small town America”… what could possibly go wrong?
Red State State of Mind on December 12, 2008 at 1:47 PM
just read your comment Upinak… of course I am being sarcastic; I don’t think the /sarc tag is necessary, figured you had read enough of my posting (although I am new here) to know I respect Palin a lot… sorry if I gave you the wrong impressions
I live in Maryland, which is a one state party with it’s own history of corrupt Governors (Agnew, Mandell) although lately there has not been any big scandal that i am aware of…
Red State State of Mind on December 12, 2008 at 1:49 PM
Interesting analogy. But I was talking about Nepotism… which a Law that has stood 3 yrs before Gov. Palin took office, due to Murkowski and him giving his daughter his Senate Seat.
As for Chicago… LOL the whole nation knows and has judged for years how corrupt it has been… even before Alaska became a State. So screw off. And Merry Christmas from “Small Town America”!
upinak on December 12, 2008 at 1:51 PM
Ol’ Blago will resign, eventually. Right now, he’s engaged in negotiating the terms of his resignation with Federal prosecutors.
He reminds me of Captain Stern from the movie “Heavy Metal”, if anyone remembers that. While listening to the list of hundreds of crimes he’s accused of, he whispers to his quite nervous attorney:
“Don’t worry, I’ve got an aaaaaaangle“
BobMbx on December 12, 2008 at 1:52 PM
UGH! Man… haven’t you figured out I am a quick on the draw. Sorry about the comments but use tags.. at least with me.
upinak on December 12, 2008 at 1:53 PM
I was also thinking of the Murkoski appointment, that sort of stuff occurs in many states and I like the idea of not being able to appoint a relative, or laws that allow a temporary appointment until there is time for a special election..
Oy ! I was just jokin’ there buddy…
Red State State of Mind on December 12, 2008 at 1:53 PM
I think few people doubt that. Though Yahoo recently did a story that made North Dakota the most corrupt simply because it has a smaller population. The spin is starting early.
Esthier on December 12, 2008 at 1:53 PM
yep.
upinak on December 12, 2008 at 1:54 PM
Can’t find a link yet, but it’s being reported on WFLD, Fox’s Chicago affiliate.
But this is from the SunTimes/Chicago.
I guess Ms Madigan has her motives too..
http://www.suntimes.com/news/metro/blagojevich/1327735,CST-NWS-poll12.article
Knucklehead on December 12, 2008 at 1:54 PM
Friendly fire!
Esthier on December 12, 2008 at 1:55 PM
Tell that to the AG. He’s obviously guilty, but until convicted he is still Governor.
pedestrian on December 12, 2008 at 1:43 PM
Again, no fan of Blago, but it is a little disconcerting to see that conservatives, who are distrustful of government power, just swallow hook, line, and sinker the allegations of a government prosecutor.
Sheerq on December 12, 2008 at 1:55 PM
Knucklehead on December 12, 2008 at 1:54 PM
Lynn Sweet has zero credibility as a reporter. She was Obama’s number one fluffer throughout the presidential campaign.
Sheerq on December 12, 2008 at 1:57 PM
I’m sitting here at the local cigar shop with a few of the boys… our take on this is:
Why is the Dem machine so eager to get Blago out of office so fast? Make us very suspicious. The Illinois AG is the daughter of the IL Speaker of the House right? All the DEMS in Chicago are looking to minimalize Blago ASAP. Why?
If the Lt Gov takes over, can he appoint whomever he wants, or is there a State statute that forces him to appoint a DEM? I read a special election will mean they don’t have a new Senator seated until Spring. Is there a way to appoint someone temporarily to fill the seat?
Red State State of Mind on December 12, 2008 at 1:58 PM
Nope.
Choose well, my son.
BobMbx on December 12, 2008 at 1:59 PM
Yep, you are so right, and she’s kind of funny looking too. But she does hate the good Reverand Wright.
Knucklehead on December 12, 2008 at 2:04 PM
So many shoes to drop – think Imelda Marcos quantity.
Vashta.Nerada on December 12, 2008 at 2:05 PM
The Prosecutor more than likely won’t have a job. Once you know who takes office. That is why they had to act and arrest him now! If not and they waited. Then it would have been swept under the rug. I was wondering why they did it so soon. Would have liked to see more fish sink in the ocean. But, this is understanding. We don’t want this swept under the rug. A Governor can be taken out of office. Without being found guilty. He could be a risk for the People he Represents and took a Oath. Looks like Blago, broke his promise to his mother long time ago. He has been crooked from the beginning. And his wife. Btw, Anyone know if The One reported and presented Documents to the DNC about the fact. Rezko, bought The Ones home, plus some property next to it. Then, a few months down the line. The One sells the land next to them. To Rezko. What was the purpose of doing that? I hope they made him disclose this info. during the election. This is when I wish I had taken screen shots months ago. Was in a article, I believe the Washington Post. But, They are at times very bias. This was before he kicked the press out of his plane.
sheebe on December 12, 2008 at 2:08 PM
So the longer Blago hangs on, the more time he has to spill the beans on many others? I suspect he could do that regardless of whether he is Governor, but it is funny to see them rushing to move him out of the way.
I hope Blago has good security. Seriously, if I was in his position I’d be worried about my family’s safety and my own. He may know an awful lot about corruption in Illinois politics, and if he is allowed unfettered communication with the US DA he could make a lot of criminal politicians very uncomfortable.
But what value is it to Blago to stay in power? Or is it just him thumbing his nose at people?
Red State State of Mind on December 12, 2008 at 2:09 PM
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