Saturday, December 13, 2008

Due process in Illinois

"Illinois' top legal officer went to the state supreme court Friday to try to get scandal-plagued Gov. Rod Blagojevich temporarily removed from office. . . . Madigan . . . told a news conference that a provision of the state law, although never before invoked, allows her to seek the governor's removal through the court. Madigan said she had asked the court for a temporary restraining order declaring the governor disabled and taking away most of his official powers . . . "We recognize the court may be reluctant to take up this matter," she said, since it calls for a broad interpretation of a law that demands action when the governor is "disabled." . . . The state has compiled $4.5 billion in unpaid bills and has had to postpone borrowing in the debt market "indefinitely" because Madigan will not certify debt issues due to the governor's legal problems, state Comptroller Dan Hynes said."

In other words, Illinois' highest law enforcement officer invoked a law clearly intended to cover cases of incapacitation due to health, not criminal indictment. She wanted to do an end run around the impeachment / criminal justice processes, because they take too long. Then, she used the financial uncertainty created by her own maneuvers to further justify Blago's immediate removal.

Have they heard of due process in Illinois?

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