IL Starts Blagojevich Impeachment Proceedings

The Madigan family is finally adopting the right approach to removing Governor Blagojevich from office: Michael Madigan has announced the House will begin impeachment proceedings.

Speaker Michael Madigan announced Monday that he’s appointing a special committee to review the case and recommend whether Blagojevich should be impeached.

Madigan says the committee will work every day except holidays.

”We’re going to proceed with all due speed, but we’re going to make sure that what we do is done correctly,” the Chicago Democrat said.

Once the committee makes a recommendation, the full House will decide whether to file impeachment charges against the governor. The Senate ultimately would rule on them.

I say the Madigan family is making the right move, because previously Michael’s daughter Lisa has been calling for the courts to remove Blago. 

Atty. General Lisa Madigan called on the Illinois Supreme Court today to temporarily remove Gov. Rod Blagojevich from office and appoint Lt. Gov. Patrick Quinn as acting governor, "so the business of the state of Illinois can go forward."

I agree with Adam B that Lisa’s move–to use the courts–is inappropriate while her father’s more to start impeachment is appropriate. 

Blagojevich hasn’t been convicted of anything.  Technically, he hasn’t even been indicted yet; it’s just a criminal complaint.  And especially in the courts, Blagojevich should be entitled to a presumption of innocence.  So, yes, we tend to be fans here of Patrick Fitzgerald’s work, but what about a less scrupulous prosecutor in a state with a malleable Supreme Court?  A criminal complaint, by itself, shouldn’t be enough to empower a court to remove someone from office.

There are, thankfully, other remedies.  First of all, as I’ve noted before, under Article V of the Illinois Constitution he can resign voluntarily, or temporarily cede power "whenever the Governor determines that he may be seriously impeded in the exercise of his powers."

Assuming he doesn’t do the right thing, then impeachment and conviction by the Illinois Legislature under Article IV, section 14 is the superior approach.  Legislators are more accountable to the people than are judges — even elected judges — and they are more sensitive to the ramifications of a bad decision here.  Some things are better left to the political branches.

What Fitz has given us with his complaint is a list of things that–at least–passed the standard of the judge to arrest the Governor. Presumably, we’ll shortly see an indictment that not only further supports the two charges Blago was arrested on, but may well include more. 

But what Fitz has also given us is a road map to conduct an impeachment–a list of both alleged legal and political acts taken by Blago that suggest he was violating the public trust. For example, whether or not Fitz can prove Blago’s prioritization of personal gain over Illinois’ best interest in choosing a replacement for Obama was a conspiracy to commit fraud, Blago’s own words make it clear what his priorities were. That, by itself, rises to the level of political abuse involved in impeachment proceedings.

And impeachment is a better option, too, because it avoids having one of Blago’s potential replacements basing her run for Governor on his fate. Given that one of the central questions to this case is the role of self-interest in politics, Illinois ought not put Madigan in a position where her own self-interst might influence what the state does about Blago’s focus on self-interest.

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24 replies
  1. MsAnnaNOLA says:

    So how come we can start impeachment proceedings against a sitting governor within one week of revelations of misconduct but we can’t even put the possibility of impeachment on the table for President Bush and his henchmen who have systematically shredded our constitution for years?

    Thanks so much Nanci Pelosi.

  2. Neil says:

    I concur with the opinion that Blago is not fit for office but as a matter of corruption not as a matter of mental fitness.

    AG Lisa Madigan’s contorted rationale using the only tool in her arsenal, with which she tries to tie Rod’s apparent corruption to his legitimacy as a governor due to his mental capacity, was more than a stretch, it was political judgment being advanced by a the top lawyer and it was entirely inappropriate.

    I watched he make her case repeatedly on the Sunday news shows and it reminded me of watching Powell make his at the UN. It did not tie together. There is a difference between justice and righteousness and Madigan has not explored it sufficiently.

    Using the law (in ways it was not intended) to try and unseat a duly elected governor based on his mental competence conflated with the legitimacy of corrupt decisions he was about to make, is bad judgment and worse precedent.

    Mental illness and corrupt decisions are not one in the same.

    • MsAnnaNOLA says:

      Agreed, but also doesn’t being mentally unfit give him a perfect defense for his blantant corrupt actions? Talk about unintended consequences.

      • Neil says:

        So you’re saying she’s showing bad legal judgment in using the statute inappropriately and ALSO shooting herself in the foot? he he

    • freepatriot says:

      impeachment is a POLITICAL act*, not a criminal justice act

      Pelosi could count the votes in the US Senate

      and I’m sure somebody in the Illinois Senate can count the votes too

      the blagoff is TOAST, just like nixon was when the articles of impeachment had the votes to pass from committee to the floor of the house. When it gets to this stage, it’s already been decided …

      * that means “economics” in realpolitik speak

      • Minnesotachuck says:

        Pelosi could count the votes in the US Senate

        Maybe so, but that wasn’t her job in May, 2006, when she “took impeachment off the table.” Instead of that, she could have and should have said something to the effect that “If Democrats attain a majority in the House in the upcoming elections we will not invoke the impeachment clause of Article I frivolously (as was done in 1998). However, if there are compelling reasons to suspect that actions of the administration rise to the level of the ‘high crimes and misdemeanors’ standard of the impeachment clause, we will conduct a fair investigation of those actions and if appropriate fulfill our Constitutional obligations.” The time for Pelosi to count votes in the Senate, if at all, was as the results of the investigations were becoming public.

  3. SparklestheIguana says:

    Head FBI guy Robert Grant was interviewed on local Chicago radio (the Don Wade and Roma show) this morning (he called in, they didn’t call him, apparently). He wanted to refute the blog post in the WSJ claiming that the Blago arrest had been rushed and preciptated by the previous Friday’s Trib story. Grant claimed that they had made the decision to arrest Blago a week earlier. They wanted to avoid doing it on Blago’s birthday, Dec. 10, because they’d gotten a lot of flak for arresting the corrupt mayor of Niles, IL on his birthday. So they did it the day before his birthday.

    Then he really annoyed me by endorsing Don Wade for Obama’s Senate seat. (Don Wade is a lying SOB wingnut who is running a joke campaign for the seat and tries to get local officials to endorse him on his show.)

    • Neil says:

      You’ll never hear Fitz comment on a political candidate. He knows that when he speaks, he speaks on behalf of the seal. And so he chooses to keep his personal opinions as a citizen of IL and CHI to himself. Why does FBI guy Robert Grant not show the same good judgment?

    • emptywheel says:

      Yeah, I sort of figured that the WSJ was bogus. For a number of reasons it didn’t make sense. And had the Trib completely blown their case, Fitz would not have been so nice to the Trib at his presser.

      Fitz can get appropriately angry at the press, if you haven’t noticed. He didn’t in this case.

  4. SparklestheIguana says:

    I don’t know if this has been brought up, but Daley’s been looking even sweatier and more nervous and twitchy than normal at his public appearances. Shouldn’t we assume John Harris is going to sing long, sad songs to the feds about his stint at City Hall?

  5. Mary says:

    I actually liked Lisa’s move to go to the courts. First she publically said that if the legislature started to take action immediately, she’d hold off.

    Then the legislature didn’t (you know that the Republicans were wanting to keep all this in the limelight as long as possible to get the most bang out of it and the Dems were trying to see if Atlas had a lever that would make Blago’s hair yield)

    So she pressed on – and suddenly the legislature, Republicans and Dirty Dems included, decided it could act after all. I’d say she won the round.

    • Neil says:

      Can you provide more commentary on the legal ethics of why or why not it is appropriate for the AG to file a case like this? Assume she had good evidence and probable cause that his actions were in violation of the criminal statutes about personal enrichment from political decisions, graft, corruption, etc. Does that not give her the right to try him for those crimes as opposed to filing a case that charges he must be removed from office due to mental competence/fitness to serve?

    • Peterr says:

      Lisa’s stunt was a PR ploy, to distract people from speculating on whether she is one of the alphabet soup Senate Candidates in Fitz’s complaint, and if so, which one.

      The IL SC will toss her request out, noting (correctly) that the remedy she seeks is available via the impeachment route. Her argument is based on language that is analogous to the 25th amendment to the US constitution, where the President can be temporarily removed from power when he/she is incapacitated. That is, asking the IL SC to remove the governor is an option when there is a medical, not political, disability. Political disabilities are the province of the impeachment process.

      Lisa is playing to the cameras.

      • NorskeFlamethrower says:

        1,857 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND…

        Citizen Peterr:

        Very well stated…this is the best analysis this ol’ grampa has read as to the interests of Ms. Madigan and the real politics behind her actions. Do you know how fast impeachment could be accomplished, ken it be fast tracked so as to get Count Blagojevich back into his coffin by the end of January?

        KEEP THE FAITH AND PASS THE AMMUNITION, YA CAN’T MAKE THIS STUFF UP!!

  6. Leen says:

    And now if our Reps would just start Impeachment proceedings for Feith, Addington, Cheney, Wolfowitz and all the rest. Specifically on likely Bush administration thugs who might try to roll back into an administration in the future.

  7. Mary says:

    13 – sure, although you can’t do anything dispositive without all the fact and without a lot more time and research than anyone gets in a blog post.

    You don’t know what the total of the evidence that she has at hand would be (there may well be evidence indicative of meltdowns) and you also don’t really know how the fitness to serve aspects of the Illinois constitution will be interpreted. They are NOT stated in terms of mental disease, defect or lack of mental competence. My understanding is that the standard is one of disability.

    As a matter of legal construction, disability would be deemed to include, among other things, disqualification, as, for example, in disqualification for conflicts of interest. It definitely appears taht there are conflicts of interest issues at this point in time on whole plethora of issues that are implicated by the allegations made by the Feds and that would under a normal legal “conflict of interest” standard result in a disqualification for Blagojevitch to serve on those issues.

    So if he is under a disability from serving on not just one (the Senate seat) but a whole cadre issues, including funding allocations and bill signings on numerous matters where he is alleged to have a personal interest and possiblity to have obtained that personal interest in connection with criminal actions such as bribes or obstruction or otherwise selling of his public service (and my understanding is that there are such a plethora and that the ILAG pled them -things like the children’s hospital funding, appointments to state boards for personal benefit, allocations to a state highway toll project that were being held hostage to campaign contributions, etc.) then you end up with a Governor with so many legal conflicts of interest in so many areas of his duties that I think he is very arguably under a legal disabilty from being able to perform at ALL, and certainly the court could very validly hold that he is at a minimum disabled from performing in those areas where he faced personal criminal charges.

    If, in addition to reasonably believing that legal disabilities existed, the AG also believed that without extremely prompt action the state would be damaged by either the Governor’s actions despite his conflicts or the Governor’s inability to act bc of his conflicts, then I think ethics REQUIRE the AG to try to do what is best for the state. And towards that end, what would be best for the state would be for the legislature to act VERY quickly, which she tried to cause, and if not, for some other elected offical so empowered to act quickly.

    I’m not sure why you think it would be more “ethical” for her to sit and let a Governor whose conflicts disable him from being able to credibly act skate on, but I think she did a good job for her client, the state.

    • Neil says:

      I’m not sure why you think it would be more “ethical” for her to sit and let a Governor whose conflicts disable him from being able to credibly act skate on, but I think she did a good job for her client, the state.

      Your explanation of the law cleared it up for me. I thought the AG was misapplying a statute about mental competence as opposed to the application of the statute you described.

      I think the AG did not do a very good job explaining the case or the statute. Perhaps because she did not want to get into the evidence. Anyway, as you note, mission accomplished.

  8. Mary says:

    17 – Of course she’s playing to the cameras, but she got a result. The legislature got moving. And it is imo a valid legal argument that disability is a term of art that generally includes substantial conflict of interest precluding action, which he has. Obviously, the legislature has its own ability to act and I’m glad they are getting there and they would normally be the first route.

    They should, IMO, do first things first with revising the statutory delegation of appointment power to Blago and require the US Constitutionally preferred alternative of a special election, then go on to impeachment, which they can meander through on their own schedule. And if they are holding ACTIVE hearings into impeachment, then the Court should either dismiss or stay the AG’s action pending that outcome. But the problem is that if some of the allegations are true, Blago has huge problems of conflicts in multiple other areas that preclude an ability to effectively govern, since so many of his duties at this point would relate to matters touching upon the criminal allegations. In that case, I’m fine with anything that keeps the fire to act quickly turned up. I agree she may be trying to deflect spec away from her own sights that were set on the seat, and on that front, she should be pretty careful bc if she has conflicts similar to Blagos (if she was involved in possibly criminal contacts with his office re: payments for the seat) and is then using her office against him, she’s got a problem.

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