We’re starting to approach Nixonian territory here. The attorney general demands that the governor stop breaking the law and grant requests for copies of federal subpoenas, the governor flatly refuses.
Gov. Rod Blagojevich’s administration is violating state public-information law by refusing to release subpoenas it received in a federal corruption probe, the state attorney general said Thursday.
Blagojevich’s office said it would continue to withhold the subpoenas.
Wait, there’s more…
“Without legal support, the office of the governor and the agencies under his control cannot withhold federal grand jury subpoenas in their possession and must release these documents pursuant to a FOIA request,” Assistant Atty. Gen. Terry Mutchler wrote in a letter to Blagojevich’s legal counsel, William Quinlan.
Blagojevich spokeswoman Abby Ottenhoff said the governor’s office does not intend to change its policy. “We appreciate the attorney general office’s advisory input,” she said. […]
The attorney general’s office disagreed with the administration’s rationale for keeping subpoenas secret.
“There’s no magical meaning to a subpoena under the Freedom of Information Act,” said Mutchler, who is public access counselor for the attorney general. “The FOIA applies the same to a subpoena as it does to a request for any other public record in the state of Illinois.”
Actually, if you read the letter from Madigan, she doesn’t just disagree with the governor’s “rationale,” she claims much of his rationale has no basis in reality and the rest of it is not backed up with any facts.
You can read the letter by clicking here. [pdf file]
Meanwhile, let’s all welcome Sauk Valley Newspapers to the club.
No respect.
None.
That sums up the Illinois Department of Correction’s arrogant attitude toward the hardworking people who are forced to pay taxes to keep our state’s prison system running.
That unfortunate conclusion has become obvious the past few months as our reporters have tried to pry enough information out of the Illinois DOC to piece together the terrible happenings at the Dixon Correctional Center May 12. That’s the day an inmate with multiple rape convictions - who had free run of at least part of the prison - allegedly raped a female prison worker at knifepoint.
We steadfastly believe it is a reasonable expectation that the DOC be willing to explain why the inmate, John Spires, was allowed to roam freely with limited supervision. The citizens of Illinois, and especially those who work at the Dixon prison, deserve to understand the DOC’s decision-making process when granting a prisoner such privileges. The DOC, however, disagrees.
We also believe it is reasonable that the DOC release information detailing the staffing levels at the prison when the incident occurred. Again, the DOC doesn’t think so.
In late August we made a formal request under the Illinois Freedom of Information Act to DOC Director Roger Walker Jr. asking for records that would shed light on these important questions. Walker and the DOC thumbed their nose at the public’s legal and moral right to this information by flatly denying the request a few weeks later.
Hooray for open government!
- A Few Questions More... - Friday, Oct 27, 06 @ 1:36 am:
I would say unbelievable and outrageous, but this par for the course with Team GRod. If the press would ask a few tougher questions and follow ups, we might actually have by now the Nixonian “I am not a crook” video moment to cherish.
- Yellow Dog Democrat - Friday, Oct 27, 06 @ 1:45 am:
Sooner or later, someone is going to take this FOIA request to Circuit Court. Why Topinka hasn’t thought of it yet is beyond me.
Too late now, Honey! They have 14 days to respond to your request. You’ll get your denial letter after the election.
Judy Baar Topinka. What’s she thinking?
- Yellow Dog Democrat - Friday, Oct 27, 06 @ 1:47 am:
Does anyone know if stonewalling a FOIA request is an impeachable offense? THAT would be funny. If the Republicans introduce an impeachment resolution in the House, I’ll laugh myself silly.
- Sick Of It All - Friday, Oct 27, 06 @ 1:49 am:
Word is the DOC management treated the rape victim deplorably after the crime was committed. Salt in her wounds. So much for the “party of the oppressed”!
- North of I-80 - Friday, Oct 27, 06 @ 4:09 am:
As bad as the arrogance appears, this group is getting away with it. What do you suppose would happen if WE violated / broke the law and took the demands of the Attorney General as only advisory? Shouldn’t this be screaming front page news? Or do they know that something much worse is expected today around 1pm and a little FOIA violation is nothing to worry about? I smell a very real possibility that we will witness a re-election followed by a messy indictment, impeachment and a few more years of chaos while the financial state of IL worsens.
- Martha Mitchell - Friday, Oct 27, 06 @ 6:14 am:
Hey, what about the Trib’s front page story today about the First Lady of IL making money from real estate deals with persons who have state contracts?????
- state worker #1 - Friday, Oct 27, 06 @ 6:25 am:
Madigan stated â€â€¦..his rationale has no basis in reality and the rest of it is not backed up with any facts.†So what else is new? Get the law breaker out or are we suppose to follow by example? That would be interesting….,
“ Police Officer, if my Governor can break the law, why can’t I?
- Ravenswood Right Winger - Friday, Oct 27, 06 @ 8:25 am:
My observations:
1) I agree with YDD that an action shoulda been filed in Circuit Court to decide this issue. It woulda been nice to see Rod’s posse defending its denial of what IMHLO (in my humble legal opinion) is a valid FOIA request by the BGA.
2) I met Ms. Mutchler recently at a Municipal Law seminar. She gave a very informative speech about FOIA. Lisa Madigan is the first AG to hire counsel whose sole job is to deal with FOIA requests & issue advisory opinions. Ms. Mutchler mentioned that the AG’s office is always willing to meet with public officials to present seminars on compliance with FOIA & the Open Meetings Act. I suggest she start with the Governor’s Mansion. Oh wait, no one is home!!
3) Ms. Benway, counsel for the Governor who wrote the denial letter, has been licensed to practice law in Illinois since only 2005. I don’t know how old she is, but I’m curious as to how she got her job and her experience level.
- Anonymous, too - Friday, Oct 27, 06 @ 8:27 am:
GRod to Lisa: “When I want your opinion, I’ll ask you for it…”
- Buck Flagojevich - Friday, Oct 27, 06 @ 9:22 am:
Wow. The Friday Follies are getting quite regular. You really have to wonder what the people supporting the Gov are thinking? Do they not care? Not know? Live in caves?
- Larry - Friday, Oct 27, 06 @ 9:33 am:
AFSMCE UNION WHERE ARE YOUOOOOOOOO????????????
AFSMCE MEMBERS must me proud of AFSMCE’s Gutless no endorsement this year….The union is standing idley by while BLAGO will get their permission through their non action in this race. OOOOHHHH SO TOUGH AND strong… We’ll stand up for the working people of Illinois……
…. BLA BLA BLOW HARDS
here some more of my paycheck ………Thank for sticking up for Illinois.. CAN YOU SAY.. WEAK!?
- Bottom Line - Friday, Oct 27, 06 @ 9:33 am:
What about the rape that occured at the Jacksonville Prison?!! And yet correctional officers are putting up Blago signs, they’ve been promised something probably from the asst. warden who lost the set of prison keys!!
- He Makes Ryan look like a saint - Friday, Oct 27, 06 @ 9:33 am:
As I read it GROD is BREAKING THE LAW!!! If I break the law, I would get arrested. So…Arrest the man have cameras there teach him a lesson.
Enough
- Publius - Friday, Oct 27, 06 @ 9:34 am:
The group that made the FOIA request for the subpoenas can go to court now and, in the face of the real AG’s opinion, how any special assistant AG appointed to make the governor’s case can make arguments without a red face is beyond me. The other question to be asked is who will pay the attorney fees that the court will award to the requestor??? They are entitled under the FOIA to fees for being forced to go to court go obtain the release of public records.
- Angie - Friday, Oct 27, 06 @ 12:21 pm:
Lovely. So Rod fights with his father-in-law, fights with Daley, and is disliked by the AG, who is a fellow Democrat…
….but he has been really really good friends with some guys who got indicted!!
What a clown
- Anon - Friday, Oct 27, 06 @ 12:36 pm:
So what happened to Mr ‘It’s the law. L. A. W. Law?’ Guess that statement only applies to the people who are not part of the administration!
- Tessa - Friday, Oct 27, 06 @ 4:02 pm:
So, Larry, where have you been when AFSCME’s been picketing against the Gov, fighting him in Springpatch, sending him letters, fighting him for more staff, etc.?
AFSCME didn’t stand idly by. They’ve taken several hard stands against the Gov and his people lately, thankfully. Maybe you want to be interviewed about Rutan hiring practices by an outside lawyer, AFSCME doesn’t. Maybe you think the whole ethics test payback 10,000+ people are getting is okay, AFSCME doesn’t.
It was smart not to back anyone for Gov. this time around. Back him and get screwed some more (let’s just say the majority of people there didn’t want to do that), or back her and 1) face the unknown IF she gets elected or 2) get even MORE screwed IF he gets re-elected. No choice. Stay neutral and let each member make their own choice, which is what happens anyway.
You sound to me like someone who doesn’t go to many local meetings and isn’t involved much in what happens. Or, are you even a member?
Oh, and the victim in Dixon didn’t get treated with the respect and dignity she deserved. It’s DOC, what do you expect?
- UGH!! - Friday, Oct 27, 06 @ 5:04 pm:
As a lifetime independent voter, I have always tried to measure an incumbent’s record in terms of accomplishments… were there more good than bad or is the opposite true? I’ve never came up with a more lop-sided conclusion than with Rod and his band of thugs. The overwhelming majority of his accomplishments have been costly and some were downright embarrassing. I thought Ryan was bad til this guy came along. I truly don’t understand why anyone would be compelled to vote for him?
If the rabbut died, where is the result???
- Angie - Friday, Oct 27, 06 @ 8:43 pm:
UGH!!, read some of the headlines over on the right side of the Cap Fax page. You’ll see all of the sudden acts of desperation coming from Rod, such as wanting to feed the hungry and so forth. He’s absolutely desperate.
Meanwhile, go read the Crain’s Chicago Business endorsement of JBT. Like the Chicago Tribune (thumbs up to the Trib), they have also decided to not only endorse Judy but to rhymes-with-witch-slap Rod around. A big thumbs up to Crain’s!