The Capitol Fax Blog » Don’t hold your breath

Thursday, Jan 10, 2008

* As I told you yesterday, a judge has ruled that Gov. Blagojevich must hand over federal subpoenas requested through the state’s Freedom of Information Act. But we’re not gonna see them for quite a while…

[Sangamon County Circuit Judge Patrick Kelley] did not order the governor to immediately hand over the documents to the Better Government Association, which sued to get them.

He will not order that as long as there is an appeal pending. Blagojevich lawyer Thomas Londrigan said an appeal was certain.

* Even so, it seems doubtful that the governor will ever prevail…

Kelley ruled that Blagojevich aides showed no ‘’competent evidence'’ that secrecy remained vital, despite a standard statement that accompanied the subpoenas saying disclosure could hamper an investigation.

* Their case stinks…

In defending Blagojevich, Londrigan said releasing subpoenas violates federal criminal laws. He said the BGA was trying to circumvent federal law by asking a judge to use state public-access law to decide the matter. But answering a question from Kelley, Londrigan acknowledged that a witness who has received a subpoena can’t be reprimanded for revealing it. And he pointed out that Blagojevich is a public official, so documents he receives become public records under the FOIA.

Oops.

* The BGA’s Jay Stewart was not pleased with the prospect of an appeal…

“If the governor actually believed any of his rhetoric about ethics, there wouldn’t be any appeal,” Stewart said. “The last thing he really wants to do is level with the public and let them know what’s going on with his administration.”

* The bills from these FOIA cases are piling up…

The governor’s quest for secrecy is getting expensive for taxpayers. According to the state comptroller’s office, the state has paid more than $150,000 to private attorneys who are representing the governor’s office in FOIA lawsuits aimed at prying loose the subpoenas.

The state has paid more than $33,800 to Londrigan, Potter and Randle, a Springfield law firm that is representing the governor in the BGA lawsuit. Taxpayers have paid another $124,850 to Bell, Boyd and Lloyd, a Chicago firm that is representing Blagojevich in a pending FOIA lawsuit filed in Cook County by Judicial Watch, a Washington, D.C., government watchdog group seeking the same subpoenas.

- posted by Rich Miller

11 Comments

- the commuter once known as So Ill - Thursday, Jan 10, 08 @ 10:03 am:
How many CTA employees could be paid for one year with all the money the administration has spent in losing lawsuit legal fees?

Just curious.

- Ghost - Thursday, Jan 10, 08 @ 10:20 am:
So Lisa Madigan says under the law, these need to be turned over. Blago gets Judge Kelly to order that madigan, the already paid for attorneys for the State, should be replaced by counsel he can direct State funds too (as public official A bragged). He loses gloriously with kelly basically saying he has no colorable claim to begin with.

Meanwhile Blago cut Lisa Madigans Budget (but not his own, which he increased from the previous year then fully funded). So he takes Money from Madigan so he can redirect it to his law firm benefactors to make baseless arguments. And so goes Public Official A’s use of State tax dollars.

Not to mention the additional payment to the previaling attorney’s. Since the gov is not acting in the best interests of thew State he needs impeached.

- Dan S. a Voter - Thursday, Jan 10, 08 @ 10:34 am:
Ghost, if as posted in earlier blogs that CTA bus drivers make $90K per year that would be 1.76 CTA empoyees.

- Bulldog - Thursday, Jan 10, 08 @ 10:54 am:
Most bus drivers (”operator”) make between $31,110 and $52,678 (salary info available on the BGA’s website). The legal bills referenced above total more than $158,000 - so between 3 and 5 employees.

- Squideshi - Thursday, Jan 10, 08 @ 10:56 am:
Can anyone say taxpayer suit?

- Dan S. a Voter - Thursday, Jan 10, 08 @ 11:00 am:
Bulldog, sorry I was going on memeroy I thought I had read a post before Christmas that stated $90K. That’s what I get for going on memory.

- Anonymous - Thursday, Jan 10, 08 @ 11:07 am:
Perhaps the IG should include wasteful defense for losing lawsuits in reports, or compile a win/loss record to evaluate how effectively taxpayer funds are being used? If taxpayers are losing most every lawsuit that would show a clear lack of judgement.

While everyone deserves the opportunity to appeal, if the case is really this clear to a judge (and the attorney general) then that judge should be able to put it on a judicial fast track system to allow quick appellete reveiw and resolution. Of course, if any appeal is overturned that judge’s fast track authority might be revoked for a year. Also, is there public data on how many times a judge has been overturned by higher courts?

Such a review process might also provide everyone with a good measure of judicial quality, although our election system for judges could cause political abuse and weaken respect for our legal system. We need to end campaigning by judges and consider random selection of qualified applicants to ensure more independence to reduce politics and enhance justice.

Unfortunately, the current system allows stalling of FOIA requests long enough that nearly every citizen would give up trying to get their government to share public information. Since we’re paying for public records we definately deserve better.

- Arthur Andersen - Thursday, Jan 10, 08 @ 11:46 am:
Remember folks, even if a court awards legal fees, in Bizarro Blago World, they just never ask for an approp for the cash to pay them. AA is blanking out on the first case in this pattern, but the meter is running on an $100/day penalty imposed by the judge after no approp was sought back in FY07. Exhibit B is the very well-conceived video game law, and Exh. C. is Version I of the Sudan pension divestment law.

Would serve these birds right if a judge held POA and Filan in contempt of court and tossed them in the graybar Hilton until they came up with the do-re-mi.

- Poolside @ Hotel Ibiza - Thursday, Jan 10, 08 @ 6:37 pm:
Why would Rod of spend so much time, energy and taxpayer dollars to hush it up or make it go away?
Should make for some disturbing / entertaining reading, much like the Watergate tapes.

- Sound familar? - Thursday, Jan 10, 08 @ 6:53 pm:
I made my mistakes, but in all my years of public life, I have never profited from public service. I’ve earned every cent. And in all of my years in public life I have never obstructed justice. And I think, too, that I can say that in my years of public life that I welcome this kind of examination because people have got to know whether or not their President is a crook. Well, I’m not a crook. I’ve earned everything I’ve got.
Richard M. Nixon, In a press conference, November 11, 1973

- Are we having fun yet? - Friday, Jan 11, 08 @ 9:04 am:
Wonder just how many individuals “Operation Board Games” is going to implicate as the weeks and months go by?
I’ll bet the feds will need to build a new prison and buy some buses from the defunct CTA to cart them all there. One way tickets too….

Sorry, comments for this post are now closed.