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This just in… BGA to file FOIA suit over federal subpoenas

Wednesday, Jan 3, 2007

I’ve been working on this story for much of the afternoon, saving it for the Capitol Fax. I’ll have more in tomorrow’s Fax for subscribers (including a very interesting twist not discussed below) and I’ll post the entire lawsuit on the blog after it’s filed.

The Better Government Association is suing the office of Gov. Rod Blagojevich to get copies of federal subpoenas issued to state government by the U.S. attorney’s office between Jan. 1 and July 24 of last year. […]

The organization’s chief investigator, Dan Sprehe, sent a Freedom of Information Act request for the documents to the governor’s office on July 24. The request was denied and appealed, and denied again by the governor’s office. […]

“Since Governor Blagojevich was first elected in 2002, he’s repeatedly touted his administration’s commitment to transparency and openness, but when it comes to providing some basic information about important issues swirling around his office, we get treated to George Ryan-like stonewalling and denials,” [Jay Stewart, executive director of the BGA, said]. “It’s shameful that this administration, which talks about transparency, can’t respond to a simple freedom of information request. They’re more concerned about spinning the reality than providing basic public records.”

Amen to that, bruddah. Amen.

The lawsuit itself is embargoed until tomorrow, but the supporting documents can be found here [.pdf file], including the original FOIAs, denials, the attorney general’s opinion that the subpoenas are subject to FOIA laws, etc.

The Freedom of Information Act is here.

Sec. 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.

[Comments closed. Go here instead for new and updated info.]

- Posted by Rich Miller        


14 Comments
  1. - Limerick - Wednesday, Jan 3, 07 @ 5:58 pm:

    Since the Gov. has legitimate fears
    He will rely on a lawsuit’s slow gears.
    It will take loads of fun
    To see document one.
    We’ll check back in about two years.


  2. - Bridget Dooley - Wednesday, Jan 3, 07 @ 6:31 pm:

    Limerick, lovin’ the gimmick.


  3. - Haiku - Wednesday, Jan 3, 07 @ 7:58 pm:

    A governor transparent
    Is not now apparent.
    Here’s another 4 years FOIA.


  4. - Wigand Laureate - Wednesday, Jan 3, 07 @ 9:30 pm:

    The most relevant rhyme
    Should discuss who’s to do time
    The answer’s soon coming
    Someone’s to be bumming

    To keep from a trip
    Perhaps they did flip
    And told what they knew
    Thereby turning the screw

    The circle it tightens
    The targets they frighten
    For the coming months herald
    A real busy Fitzgerald

    Wish I could sign my name to that one


  5. - Way Northsider - Wednesday, Jan 3, 07 @ 9:42 pm:

    There’s nothing else to say
    But GO BGA!!


  6. - Anonymous - Wednesday, Jan 3, 07 @ 10:25 pm:

    The Freedom of Information Act is quite a bit more complex than the opening paragraph.


  7. - Rich Miller - Wednesday, Jan 3, 07 @ 10:28 pm:

    Of course it is, but there’s nothing to hide behind on this one. Zip. Nada. Zilch.


  8. - Little Egypt - Wednesday, Jan 3, 07 @ 10:37 pm:

    Howard Feldman and Don Craven are representing the BGA on this one. My money is on Don Craven. He’s like a junkyard dog when it comes to going after any form of government. AND HE WINS!!


  9. - Bill - Wednesday, Jan 3, 07 @ 11:33 pm:

    In my opinion, to divulge this type of information would violate the exception for private personnel info..It could also be construed as interferring with ongoing federal investigationS. Finally, it is possible that no such records exist.The state is therefore under no obligation to compile them. If this is all a matter of public record as some, including the AG, have opined, then let the USA divulge whatever info he feels is appropriate. The state is under no obligation to do so.
    So don’t get your hopes up, Little e!
    Oh, and, HAPPY NEW YEAR.


  10. - Waitin In The Wings - Thursday, Jan 4, 07 @ 12:09 am:

    Feldman and Craven
    Checkin out the misbehavin
    Depositions all around
    Something just ain’t sound
    Sing Ms. Mary Lee sing !
    You could tell us a thing
    Or Two
    Couldn’t You?
    Boo Hoo
    For Gov Blagoo
    Yahoo for all of you!

    Just love “The Limerick” - he/she’s great. This is my first…apologies all around. Most fun I’ve had since the disastrous gubernatorial election!


  11. - Skeptic - Thursday, Jan 4, 07 @ 12:10 am:

    I got Feb. 19th in the pool for another Fitzmas.

    As far as the FOIAs it looks like a pretty open-and-shut case if Lisa isn’t going to take the Governor’s side. And she most definitely does NOT. Much may depend on which judge gets to hear this one - it could be all over for Lionel Hutz and the rest of the crack Blago legal squad in a hurry.

    Now that there’s no fear of tampering with an election, the feds will probably take the gloves off, I reckon. With all the time his folk spend in front of judges, maybe they can get frequent flyer miles or something.


  12. - Rich Miller - Thursday, Jan 4, 07 @ 1:23 am:

    Bill, check the Fax tomorrow. Y’all are in for a big disappointment.


  13. - OneMan - Thursday, Jan 4, 07 @ 9:06 am:

    Ummm Bill, if the ‘records don’t exist’ don’t you think they would have pointed that out?


  14. - Rich Miller - Thursday, Jan 4, 07 @ 2:57 pm:

    Let’s close this one out and move to the new and updated post on the subject. Thanks.


Sorry, comments for this post are now closed.


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