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* United States District Judge Steven C. Seeger is now officially my hero…
More than a decade ago, Governor Rod Blagojevich left the Dirksen Federal Building in disgrace. He was charged, tried, and convicted of more than ten counts of corruption. He received a sentence of 14 years, and the Seventh Circuit largely affirmed. “The evidence, much of it from Blagojevich’s own mouth, is overwhelming.” See United States v. Blagojevich, 794 F.3d 729, 734 (7th Cir. 2015).
While the charges were pending, the Illinois General Assembly took decisive action to remove him from public office. Blagojevich inspired bipartisanship. The Illinois House of Representatives impeached him by a vote of 117-1, and the Illinois Senate convicted and removed him from office by a vote of 59-0.
At that point, Blagojevich’s career came to a close. The music stopped, the curtain fell, and he exited stage left.
He’s back.
Blagojevich didn’t have a graceful exit from public life. It was disgraceful. And by the look of things, it wasn’t even an exit. Because Blagojevich wants back in the game, and back on center stage, microphone in hand.
Blagojevich served almost eight years in prison, before receiving a presidential commutation. After regaining his freedom, Blagojevich wants to regain the ability to represent the good people of Illinois. So he came back to the Dirksen Federal Building, hoping for a warmer reception and a new lease on political life.
Blagojevich unveiled a two-count pro se complaint under section 1983 and neighboring provisions, challenging the treatment that he received in the Illinois legislature. The first count seeks an injunction to “enjoin the State of Illinois and all of its component parts from enforcing the State Senate’s disqualifying provision which denies Plaintiff his right to run for office in Illinois in violation of the Sixth Amendment and the Fourteenth Amendment to the United States Constitution.” See Cplt., at 9 (Dckt. No. 1). The second count seeks a “declaratory judgement [sic] rendering the State Senate’s disqualifying provision as null and void because it violates the First Amendment rights of the voters of Illinois.” Id.
He adds that the “people’s right to vote is a fundamental right.” Id. And by that, Blagojevich apparently means the fundamental right to vote for him.
The complaint is riddled with problems. If the problems are fish in a barrel, the complaint contains an entire school of tuna. It is a target-rich environment. The complaint is an Issue-Spotting Wonderland.
Hilarious.
* There’s far too much to excerpt, but here’s the end…
All of these problems, and perhaps more, stand in the way of his claim. The simple reality is that federal courts have no role to play when it comes to a state impeachment. The state legislature decided to remove Blagojevich from public life, and it is not the place of a federal court to bring him back.
The case began with great fanfare. Surrounded by microphones and cameras, with a gaggle of press in tow, Blagojevich announced to the world that he might want a sequel in public life.
The book is closed. The last page already turned, and the final chapter of his public life is over. The case never should have been filed. Read generally Dr. Seuss, Marvin K. Mooney Will You Please Go Now! (1972) (“The time has come. The time has come. The time is now. Just Go. Go. GO! I don’t care how. You can go by foot. You can go by cow. Marvin K. Mooney, will you please go now!”).
The case started with a megaphone, but it ends with a whimper. Sometimes cases in the federal courthouse attract publicity. But the courthouse is no place for a publicity stunt.
He wants back. But he’s already gone. Case dismissed.
Seriously, do yourself a favor and go read the whole thing. It’s as close to perfection as a human being can achieve.
…Adding… Idiocy…
— Mark Vargas (@MarkAVargas) March 21, 2024
If federal judges shouldn’t decide this, then why file a federal lawsuit?
There should be sanctions here.
posted by Rich Miller
Thursday, Mar 21, 24 @ 12:00 pm
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This is so beautiful, I’m literally trying not to cry.
Comment by Michelle Flaherty Thursday, Mar 21, 24 @ 12:05 pm
Wow, that was written with surgical precision. May as well as just ended with “Rod, what part of Sine die don’t you understand”.
Comment by Give Me A Break Thursday, Mar 21, 24 @ 12:14 pm
=The bottom line is that the judiciary has no power to unimpeach, unconvict, and
unremove a public official. The legislature taketh away, and the judiciary cannot giveth back.
The separation of powers is a horizontal barrier – it keeps the judiciary from meddling in
the affairs of the legislature. But here, Blagojevich’s suit hits a vertical barrier, too. That
vertical barrier is federalism=
WOW! Wonderfully and directly explained. Yea, I read the whole thing and I learned somethings.
Comment by Mason County Thursday, Mar 21, 24 @ 12:15 pm
–Federal judge administers brutal beat-down of Blagojevich–
Oh, figuratively.
That’s disappointing.
Comment by TheInvisibleMan Thursday, Mar 21, 24 @ 12:17 pm
First, Thank you for this Rich. I read the whole thing and it was the best read I have had in a long while.
Second, this man should immediately be elevated to the USSC. At the very least, the entire USSC should have to attend a week long seminar on jurisprudence taught by this judge.
The withering rebuke of blago is incredible. Anyone with any intelligence would go hide in the mountains after being subjected to that. He won’t, his ego won’t let him.
Trump’s lawyers should take heed.
Finally, my favorite part of the decision…
=The Constitution separates power between the federal and state governments, and for good reason. “This separation of the two spheres is one of the Constitution’s structural protections of liberty. Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.” =
Comment by JS Mill Thursday, Mar 21, 24 @ 12:23 pm
It’s a beautiful thing to see someone excel so spectacularly at their craft.
Comment by wildcat12 Thursday, Mar 21, 24 @ 12:24 pm
Some beautiful analogies and turns of phrases. I can almost see the judge chuckling as he wrote some of those line.
Comment by RNUG Thursday, Mar 21, 24 @ 12:30 pm
Citing Dr. Seuss is a stroke of genius. I mean, I am speechless.
Comment by Nick Name Thursday, Mar 21, 24 @ 12:36 pm
Will we see similarly brilliant writing on POTUS45’s immunity claim (especially by the Court of Appeals and the Supreme Court of the US)?
Comment by Ares Thursday, Mar 21, 24 @ 12:37 pm
Has Blago dipped into the slivovitz a bit too often? Could a food truck near the Thompson Center be in his future? Cevapi, sarma and Blago.
Comment by Rudy’s teeth Thursday, Mar 21, 24 @ 12:39 pm
that Dr Suess quote about go now should be kept and used in so many politicians. it is delightful
Comment by DuPage Saint Thursday, Mar 21, 24 @ 12:49 pm
This sets a new standard. Bravo.
Comment by Dance Band on the Titanic Thursday, Mar 21, 24 @ 12:49 pm
very fun read. thanks for the link, Rich.
Comment by Amalia Thursday, Mar 21, 24 @ 12:50 pm
Quoting Dr. Seuss was the cherry on the cake.
Saying the ruling is a beat down is far to polite. Blago was sliced, diced, bent, folded, spindled, mutilated, pureed, sieved, pulped, and left to molder in the dust bins of history.
Comment by Huh? Thursday, Mar 21, 24 @ 12:52 pm
It’s an up day now.
Comment by Give Us Barabbas Thursday, Mar 21, 24 @ 12:58 pm
Brilliant
Comment by illinifan Thursday, Mar 21, 24 @ 1:03 pm
Excellent opinion. But I think the good judge forgot the doctrine of laches. (And maybe other reasons, too. There are just so many.)
Comment by Keyrock Thursday, Mar 21, 24 @ 1:08 pm
Judicial eloquence indeed. It serves up a full meal with Dr. Seuss for dessert!
Comment by Michael J. Harrington Thursday, Mar 21, 24 @ 1:16 pm
===Marvin K. Mooney, will you please go now!===
Going to use that next time Pat Quinn reappears.
Comment by Anyone Remember Thursday, Mar 21, 24 @ 1:18 pm
I am Rod, I am Rod, I am Rod I AM
That Rod, that Rdd, We do not like the Rod-I-AM
Can I be governor again?
You can not because you are a louse
Are decided by the Illinois House
You were caught on tape
Being bad you silly ape
The legislature, it can decide
That in the mansion you can not reside.
You can just go away
Go on a podcast and have your say
But please, oh please, just go away.
Comment by OneMan Thursday, Mar 21, 24 @ 1:29 pm
Ded. I. Am. Ded.
Comment by West Sider Thursday, Mar 21, 24 @ 1:29 pm
Excellent. Blago continues to prove he’s a clown with no substance. Now he’s joined the MAGA GOP circus. Which suits him.
Comment by Norseman Thursday, Mar 21, 24 @ 1:29 pm
Hat tip to Oswego Willy: “Restaurant quality”
Comment by Skeptic Thursday, Mar 21, 24 @ 1:32 pm
As Dan Hicks said “How can I miss you when you won’t go away?”
Comment by Friendly Bob Adams Thursday, Mar 21, 24 @ 1:33 pm
I am impressed by Judge Seeger. He made a sound ruling based on facts, presented the facts, and did so in an elegant and understandable way.
We need more of him in Judge positions.
Comment by FormerParatrooper Thursday, Mar 21, 24 @ 1:36 pm
I am convinced Rod Blagojevich will not get the hint from this and we’ll soon be seeing him and his cameras on the steps of the U.S. Supreme Court purporting to file a case.
Comment by Say What Thursday, Mar 21, 24 @ 1:39 pm
Rich, I hope you will consider an Honorary Golden Horseshoe award at the end of the year to Judge Seeger (Best. Ruling. Ever.).
Comment by Bogey Golfer Thursday, Mar 21, 24 @ 1:40 pm
Poor Rod just wants to be relevant again. The judge’s ruling is f’n golden.
Comment by Cubs in '16 Thursday, Mar 21, 24 @ 1:41 pm
He taught history while in prison. He should look for a teaching job and live out the rest of his life doing something admirable.
Comment by Politix Thursday, Mar 21, 24 @ 1:45 pm
I am not accustomed to reading Judicial verdicts and findings, but I found this compelling, educational and, for this layman, a very interesting read. Judge Seeger has succeeded in making a complex legal argument very simple. His command of the English language, his use of analogies and careful selection of words was, in my opinion, exceptional. And, of course, few can challenge or seriously disagree with his conclusion.
And, how often will we be able to read a pertinent quote from Dr. Seuss as a fitting finale to an important decision? Case Closed.
Comment by illini Thursday, Mar 21, 24 @ 1:49 pm
Rod can start a podcast. Call it the Rodcast
Comment by Celery Salt Thursday, Mar 21, 24 @ 1:55 pm
“The state legislature decided to remove Blagojevich from public life, and it is not the place of a federal court to bring him back.” In this case the IL state government acted in the matter of a public official, but most times they don’t. That’s why the U.S. Attorney’s office consistently lists the Northern District as having one of the most cases of public corruption in America.
Meanwhile IL does not have statewide grand juries. Once again it was the federal authorities who prosecuted a politician, not the state.
Comment by Payback Thursday, Mar 21, 24 @ 1:57 pm
Starting the countdown to Blago filing an appeal . . .
Comment by JoanP Thursday, Mar 21, 24 @ 2:05 pm
Right decision. Wrong presentation. Judicial rulings are based on judicial precedent. Not Dr. Seuss. Not whether Blago called a presser when he filed. Not snide comments based on the Court’s feelings about Blago’s inability to fade into the background. It should have been all about the law and nothing else. That it went beyond that was so unnecessary because there was so much law alone to work with. In the end, the Court did the same thing as Blago: It called attention to the Judge instead of the rule of law.
Comment by Southside Markie Thursday, Mar 21, 24 @ 2:14 pm
I think the judge got it fully right, presentation and all.
Blago’s lack of legal ability shows through in his pro se complaint. Can’t imagine his disbarment in 2020 carried any practical implications, as the ex-governor has no legal ability in any event.
My visual image of Rod had been that goofy Elvis routine after he was removed from office. Now it’s a hapless Dr. Suess character who just needs to go away. Thank you, Your Honor, for getting this so perfectly right!
Comment by OneOpinion Thursday, Mar 21, 24 @ 2:29 pm
Did the federal authorities prosecute because the office Blago was trying to sell to the highest bidder was a federal office (Senate)?
Comment by Teacher Lady Thursday, Mar 21, 24 @ 2:58 pm
===Did the federal authorities prosecute because===
They did so after big-footing the Illinois attorney general.
Comment by Rich Miller Thursday, Mar 21, 24 @ 3:02 pm
=It should have been all about the law and nothing else.=
I think in this instance it was important to send a clear message to Rod and his supporters (being a bit generous) that he had absolutely no standing or grievance worth of court consideration. Given the audience, Dr. Suess sounds about right in conveying that message.
Comment by Pundent Thursday, Mar 21, 24 @ 4:31 pm
Great read. I don’t mind the presentation. Blago is a cartoon himself, so the Suess reference is relevant. There’s also plenty of legit reasons for the judge’s decision.
Comment by Siualum Thursday, Mar 21, 24 @ 5:07 pm
He taught history while in prison…quite poorly, I imagine.
Rod’s apple is all chewed up…The End.
Comment by Dotnonymous x Thursday, Mar 21, 24 @ 5:11 pm
A truly EPIC ruling closing the door on Blago’s game. Very, very well researched and written. Including the Dr. Seuss references. Bravo (banned punctuation)
Comment by thisjustinagain Thursday, Mar 21, 24 @ 6:44 pm
Blago said he so needed more money when Gov that he was looking for a better paying job. Does anyone know who is funding expenses filling a Federal Lawsuit, having a spokesman, etc?
Comment by Joe Friday, Mar 22, 24 @ 12:05 am
=Does anyone know who is funding expenses filling a Federal Lawsuit, having a spokesman, etc?=
He filed pro se which means he has no money and/or could not find an attorney willing to take on a meritless case. And there’s no reason to believe his “spokesperson” is being paid. Rod’s lawsuit is more about publicity than merit.
Comment by Pundent Friday, Mar 22, 24 @ 10:43 am