Subscribe to Capitol Fax      Advertise Here     Contact Rich Miller
To subscribe to Capitol Fax, click here. Subscriptions are $350 per year. To advertise on the Capitol Fax Blog, please click here.
Court to Blagojevich: Hand over subpoenas

Friday, Nov 21, 2008

* Yet another big loss for the governor’s legal team…

A state appeals court has ruled that Gov. Rod Blagojevich must provide the Better Government Association with copies of the subpoenas his administration received from federal investigators.

The decision by the Illinois Appellate Court for the Fourth District, handed down in Springfield on Wednesday, affirmed a lower court’s ruling.

That ruling said Blagojevich couldn’t refuse to comply with freedom of information requests from the BGA for the subpoenas.

* More

Blagojevich spokesman Lucio Guerrero said the administration has been honoring a request by the office of U.S. Atty. Patrick Fitzgerald to not release the subpoenas.

“With this decision, we will consult with the U.S. attorney on what to do next,” Guerrero said.

The governor’s office can appeal to the Illinois Supreme Court.

Fitzgerald’s office will not comment on subpoenas.

Don Craven, the association’s attorney, said he will ask the trial court to allow the subpoenas to be released immediately because the Appellate Court decision left “absolutely no wiggle room for the governor.”

* If you read the decision, you’ll see that the appellate justices don’t believe that the governor has a single legal leg to stand on. Every argument was turned away.

For instance, the governor’s own legal team admitted that private citizens can disclose grand jury subpoenas of themselves. The court writes…

…under federal law, a private citizen has the discretion to reveal the subpoena, and if he chooses to do so, he will not suffer the wrath of the federal court’s contempt powers or be subject to any federal charges.

So, if private citizens can do it, the governor has no excuse. Also, the state’s Freedom of Information Act “eliminates such discretion from the recipient of a federal grand jury subpoena if that recipient is a public official subject to FOIA’s requirements,” the justices wrote.

Oops.

Also…

…Congress has not seen fit to specifically restrict the behavior of the subpoena recipients.

* On and on it goes, whacking the guv at every turn. My favorite passage…

If the United States Attorney really believed that the Governor’s disclosing of the federal grand jury subpoenas would somehow have interfered with the federal grand jury investigation, the United States Attorney could have appeared in this litigation to make known and defend the federal grand jury’s interests just as it did in Brady-Lunny v. Massey

Excellent point. Read the whole thing.

- posted by Rich Miller


12 Comments
  1. - Wacker Drive - Friday, Nov 21, 08 @ 7:20 am:

    Wonder if there’s anything in those federal grand jury subpoenas that indicates how Blagojevich steamrolled all those ex-state employees?


  2. - Dan S, a Voter and Cubs Fan - Friday, Nov 21, 08 @ 7:46 am:

    In Blago world the only rules are there are no rules.


  3. - Tollway Dan - Friday, Nov 21, 08 @ 8:00 am:

    There nothing to fear but “TRUTH” as Blagojevich has stated.
    Stop wasting our taxpayer monies. The people of Illinois deserve a Christmas present.


  4. - wordslinger - Friday, Nov 21, 08 @ 8:11 am:

    Let the sun shine in.


  5. - Master of the Oblivious - Friday, Nov 21, 08 @ 9:45 am:

    If Blago waits too much longer the information will most likely be detailed in his Federal indictment.


  6. - Little Egypt - Friday, Nov 21, 08 @ 11:01 am:

    Blago isn’t going to release these just yet. He will take his time deciding whether to go to the Illinois Supreme Court and when smacked down there, he will consider going to the U.S. Supreme Court. The only way we will know what is in these subpoenas before then is for him to be indicted, which I’m praying will come before Obama’s January inauguration. Hopefully, either way, we won’t have long to wait now.


  7. - Secret Square - Friday, Nov 21, 08 @ 12:09 pm:

    Another Thursday has come and gone… probably not enough time to get the “turkey” done for Thanksgiving at this point. But, maybe there are still enough shopping days left until Fitzmas to get POA a nice lump of coal and a petrified fruitcake to go with the indictment papers :)


  8. - Anonymous45 - Friday, Nov 21, 08 @ 1:59 pm:

    Yawn…just another “up” day for the Guv…


  9. - Captain America - Friday, Nov 21, 08 @ 2:05 pm:

    Governor Pinocchio will stonewall to the bitter end. Legal technicalites,like not having a leg to stand on, are irrlevant to Public Official A. I expect indictment to precede any involuntary release of USAT subpoenas.

    If Blago did release copies of the subpoenas were issued, my guess is that they woulld be heavily redacted to protect the “privacy” of the guilty guilty


  10. - Secret Square - Friday, Nov 21, 08 @ 3:39 pm:

    In related news… Durbin says he’s going to recommend Fitz’s retention, and there being no concievable reason I can think of why Obama would want to tick off Durbin, I presume Fitz’s job is safe for the time being.


  11. - Rich Miller - Friday, Nov 21, 08 @ 3:41 pm:

    ===I presume Fitz’s job is safe for the time being.===

    Fitzgerald’s job has been safe for a long time, despite what you may read elsewhere.


  12. - DzNuts - Friday, Nov 21, 08 @ 4:14 pm:

    The Governor is like that one kid in 7th grade who always got picked last for any team in P.E. class, yet thought he was the MVP. Repeated rejection and public humiliation by judges no less, and the guy still wobbles around like nothing happened. He may have earned the new nickname, Governor Weeble Wobble. He is truly amazing to watch.


Sorry, comments for this post are now closed.


ON THE BLOG TODAY...
* *** UPDATED x1 *** Afternoon campaign roundup
* More thoughts about Garrett's lite guv candidacy
* Question of the day
* Cohen claims his religion was a factor
* On the process
* K2 ban advances - And a Statehouse roundup
* Morning Shorts
* Sen. Susan Garrett a "top contender" for LG
** Yesterday's blog posts

Support The Capitol Fax Blog
Visit our advertisers...

Search This Blog...

Search the 96th General Assembly By Bill Number
(example: HB0001)

Search the 96th General Assembly By Keyword

Quick Links


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Polls

Archives
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress
 

  
  » Note To RIM — Buy Palm… Just In Case…
  » Apple files mobile social networking patent request
  » Need an iPad case? Take your pick
  » The Jerky Boys Prank Caller for iPhone
  » Review: Pocket Informant for iPhone

  » Use Wood Glue to Clean and Restore Old LPs [Clever Uses]
  » Speed Up Windows 7 Taskbar Navigation with a Registry Hack [Annoyances]
  » MusicBee is a Powerful, Easy-to-Use Music Manager [Downloads]
  » Set Up Your Own Google-Style 20-Percent Time to Try New Projects [Motivation]
  » Enjoy a Little Fresh Air in the Open Thread [Open Thread]

» All-Decade team reflects White Sox best
» Quentin driven to become better hitter
» Watch Out for De Aza
» Peavy deals full repertoire in second start
» Viciedo among five White Sox cuts

 
     


  » First thoughts: Dems and Big Mo - MSNBC Firstread..
  » Suburban residents seek lt. gov. nomination - Arli....
  » She’s the One - Weekly Standard..
  » Nonprofit hospitals: Tax-exempt hospitals must pro....
  » Current McPier chairman to lead interim board: rep....
  » Non-profit Ill. hospital must pay property tax - S....
  » Supreme Court to reconsider action on Asian carp t....
  » Illinois Supreme Court Rules Provena Not Charitabl....
  » Opinions differ on impact of Provena tax case ruli....
  » Lawmakers split on charity care rules - Ottawa Tim....


  » Chicago man sentenced to 60 years in crime spree
  » Ill. Democrats closer to picking lt. gov. nominee
  » DNA evidence linking man to 2006 rape goes unused
  » Oprah, schoolgirls to testify at defamation trial
  » AMA backs health care bill, says it's not perfect
  » AMA backs President Obama's health care bill
  » Democrats close in on lieutenant guv choice
  » Aon buys JP Morgan retirement unit
  » Airbus' parent EADS might battle Boeing for Pentagon tanker contract
  » Boeing shares up on plans to boost production of 777, 747 models

  » AMA backs President Obama's health care bill
  » Charlie Trotter ends Vegas run with restaurant closing
  » Democrats close in on lieutenant guv choice
  » CME faces deadline to keep resolution of Lehman positions confidential
  » Lori Healey says when you're the only woman in the room, notice neckties


  » Neglected kit found in Ford Heights links inmate to 2006 rape
  » Defense lawyer in murder case: no evidence teen is even dead
  » Man arrested for 242nd time in Gold Coast
  » Oprah, schoolgirls to testify in school abuse trial
  » Will Co. deputy coroner during DUI arrest: 'Don't you know who I am?'
  » Navy Pier balloon ride will become permanent
  » City demolishes building that partially collapsed in Chinatown
  » Police look for truck in crash that killed bicyclist
  » 2 charged with drunk driving after NW Side wreck
  » Driver charged after crashing into W. Side restaurant


  » Cops: Man stalked, tried to kidnap teen on Far South Side
  » Man, young son hit by truck on Near West Side
  » Suspect in fatal Fla. crash won't be extradited to Chicago area
  » Officials: Lawyer assaulted woman in domestic relations case
  » Medical examiner: Man's bus death was accident
  » DNA sample found in shut police station leads to rape charge
  » Attorney: Prosecutors' murder case has big holes
  » Stolen car found in pond at Naperville subdivision
  » Bicyclist killed by hit-and-run pickup in McHenry County
  » 2 teens charged in West Side slaying of 15-year-old


  » Teachers Fearful, Angry Over Budget Cuts
  » Durbin Believes Health Care Bill Will Pass
  » Some Illinois Democrats Still Unsure on Health Care
  » Supreme Court Takes Up Asian Carp Debate Again
  » Illinois Budget Deficit Could Hurt Odds of Winning Federal Money
  » Illinois Behind in Spending Federal Housing Dollars
  » Chicagoan Pleads Guilty to Terror Attack that Killed 160
  » Obama Administration Still Want Thomson Prison
  » New Report Details 2008 NIU Campus Shooting
  » Inside and Out: Who Cares About Aftercare for Juveniles?


  » 5 Decatur students arrested in brawl of up to 200
  » Inductee into Agriculture Hall of Fame announced
  » National park proposed for New Philadelphia site
  » Police respond to fight during funeral
  » 17-year-old arrested after allegedly brandishing gun
  » House fire displaces three people
  » $27,000 in jewelry taken from home
  » Handgun stolen from vehicle
  » Web site allows taxpayers to track state grants
  » Planning under way for Earth Hour 2010 in Illinois


  » Southern Illinois lawmakers still hold-outs on health care
  » Democrats closer to picking Lt. Gov. nominee
  » Accountant charged with not filing tax returns
  » House decides monkeys, apes can't live with you
  » Lawmaker pension benefits targeted


» Bond lowered for driver charged in crash which killed St. Charles man
» Little fanfare for 7th anniversary of war in Iraq
» Sen. Garrett interested in Lt Gov nomination
» Pope's Irish letter faces critical Catholic world
» Obama rallies support for final health care votes


  » GOPUSA ILLINOIS Daily Clips - March 19, 2010
  » Cuts could hurt Race to the Top application
  » Nonprofit hospital not exempt from local tax
  » GOPUSA ILLINOIS Daily Clips - March 18, 2010
  » Primary date moved back

» Political sisters share digs and shop talk - ..
» Melissa Bean And Bill Foster Still Undecided ..
» Last area congressmen picking sides as House ..
» Biotech industry group spent $1.9M lobbying i..
» The Tweet Beat: The Best Congressional Tweets..
» In the Healthcare Debate, Do the American Peo..
» Health Care: We Know It Passes; We Don't Know..
» Democrats gain support as they move on health..
» A Closer Look at the 'Stupak Bloc' [Duncan Cu..
» Rahall delivers abortion ultimatum - The Hill..

» Senate Hopes To Pass Bill Next Week - FOXNews.....
» Deal Close on Closing Gitmo - True/Slant...
» Durbin Believes Health Care Bill Will Pass - .....
» Postal Service counts on Congress to get it o.....
» Graham dismisses Gitmo deal talk - Politico...

» Retired US general's anti-gay comments anger .....
» 16 US senators to take on federal flood maps .....
» Outrage? US General links gays & genocide at .....
» Norooz Resolution Gains Momentum in the Senat.....
» National park proposed for New Philadelphia s.....

    » The final healthcare deadline is looming
    » Peoria’s Republican Mayor apparently believes Democrat Jehan Gordon is not a willing thrall of Pat Quinn or Michael Madigan
    » "Are you (expletive) retarded or what?"
    » Kirk Holds Hushed Fundraiser Featuring Gulliani
    » Quigley "Still Reviewing" Health Care Bill
    » U.S. Supreme Court Takes Up Asian Carp Issue Again
    » Momentum For Payday Loan Reform Growing
    » AMA Backs Democratic Health Care Overhaul
    » Guess which one of these Catholics will vote on Sunday to force all Americans to pay for other people's abortions . . .
    » Now, Follow the H-A-W-K!


Header Photos...
Wayne Bretl & UIS


Hosted by MCS