Archive for December, 2008


The Governor’s impeachment proceedings

Wednesday, December 17th, 2008

December 17, 2008
Springfield Update

Dear Neighbor,
 
This week the House of Representatives began impeachment proceedings against Governor Blagojevich.  This is the first impeachment of a Governor in Illinois history.  The House passed a resolution creating a 21 member impeachment committee (12 Democrats, 9 Republicans) to investigate possible grounds for impeachment and make a recommendation to the full House on whether or not to impeach.  Click here to read the House resolution.
 
It is important to note that the impeachment proceeding is distinct from the criminal investigation undertaken by the U.S. Attorney; it is not a criminal trial.  There are no standards for due process in the Illinois Constitution or State Statutes.  The only requirement for the House to impeach the Governor is a simple majority of the vote (60 of the 118 members).  The House Resolution provides grounds to be considered for impeachment, including official misconduct alleged by the U.S. Attorney, abuse of official position, political hiring or firing of state employees, pay to play allegations and acts performed without legal authority.
 
While the House intends to move with deliberate speed, they will take care to provide for a fair and transparent process and avoid conflict with the U.S. Attorney’s investigation.  As the first Gubernatorial impeachment in Illinois, these proceedings set precendent as well.  It is unclear at this point when the Impeachment Committee will complete its work.
 
Should the House vote to impeach, the Senate will try the Governor with the Chief Justice of the Supreme Court presiding.  Conviction requires a vote of two-thirds (40 of 59 members) of elected Senators.  This week the Senate passed a resolution creating a committee to establish the rules for this trial, so that we are prepared if the House votes to impeach.  Click here to read the senate resolution.
 
The Illinois Attorney General, Lisa Madigan, also brought a motion before the Illinois Supreme Court asking the Court to declare the Governor disabled and temporarily unable to hold office or to exercise certain duties as Governor.  Yesterday the Supreme Court declined to hear the case.
 
At this time it is unclear if the Governor will resign or step aside.  If he resigns, the Lt. Governor becomes Governor and the Governor loses his pay and benefits (although in the absence of impeachment or criminal conviction he would remain eligible for his pension).  If the Governor steps aside, he may be eligible to maintain his salary and benefits while the Lt. Governor serves as acting Governor.  Impeachment can continue whether or not the Governor resigns or steps aside.
 
We did not act this week to strip the Governor of his power to appoint someone to fill the vacant U.S. Senate seat.  Harry Reid, the majority leader of the Senate, has indicated he will not seat anyone who the Governor appoints, and the Governor’s legal defense attorney has stated that the Governor will not act to fill this seat.  Thus the threat of the Governor trying to fill this vacancy no longer exists.  We have some time over the holidays to see if the Governor resigns or steps aside before the U.S. Senate reconvenes in the new year.  There is no perfect solution for filling the vacant Senate seat.  I continue to prefer conducting a special election despite its downsides, but there is no consensus on this in Springfield.

Sincerely,

Heather A. Steans
State Senator


My reaction to Governor Blagojevich’s arrest

Wednesday, December 10th, 2008
December 10, 2008
 
Dear Neighbor,

While Governor Blagojevich has the right to due process, it is clear that he can not govern and should resign.  The allegations made by the U.S. Attorney Patrick Fitzgerald yesterday about Governor Blagojevich and his Chief of Staff, John Harris, are stunningly serious.  The federal corruption charges allege that “they and others are engaging in ongoing criminal activity: conspiring to obtain personal financial benefits for Blagojevich by leveraging his sole authority to appoint a United States Senator; threatening to withhold substantial state assistance to the Tribune Company in connection with the sale of Wrigley Field to induce the firing of Chicago Tribune editorial board members sharply critical of Blagojevich; and to obtain campaign contributions in exchange for official actions – both historically and now in a push before a new state ethics law takes effect January 1, 2009.” Click here to read the U.S. Department of Justice’s press release and click here to read the full criminal complaint against Blagojevich and Harris.
 
Given the nature of the allegations and our current circumstances, there are 3 things I believe must happen.  First, the Governor can not be permitted to appoint anyone to fill the vacant U.S. Senate seat.   Both the Illinois House and Illinois Senate will reconvene in special session next Monday, December 15th to vote to establish a special election for the U.S. Senate seat.  By law, the Governor will have 60 days to sign or veto any legislation we pass.  If the Governor attempts to appoint someone to the U.S. Senate seat there are potential actions that can be taken by other public officials, including Harry Reid, President of the U.S. Senate, Illinois Attorney General Lisa Madigan and Illinois Secretary of State Jesse White, to prevent the appointment.

Second, if Governor Blagojevich has not resigned by next Monday when the Illinois House meets, the House should begin a process to impeach Governor Blagojevich.  The Illinois Constitution grants the House of Representatives the “sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers.”  Thus a majority of the Representatives (60 of the 118 members) must vote to impeach, and the grounds for impeachment are not delineated.  If the House votes to impeach, the Illinois Senate would be convened to serve as the jury, with the Chief Justice of the Illinois Supreme Court presiding.  Two-thirds of the Senators (40 of the 59 members) must vote to convict.   The link to the Illinois Constitution Article IV, which includes impeachment, is available here at section 14.

Third, the culture of corruption clearly continues in Illinois politics and must be addressed.  I believe there are laws we can enact to tackle some of the systemic problems that enable corruption to exist.  For instance, in reading the federal criminal charges, it appears that the new pay-to-play ban the General Assembly passed last session may have affected the Governor’s alleged corrupt behavior to raise additional funds before the state contractor ban starts on January 1, 2009.  Obviously we can not take solace in the possible reprehensible acts that violate our collective conscience and our laws, but at least we know the ban will likely reduce this behavior in the future.  We can not stop here, however, to change systematic corruption in Illinois government.  We must cap the overall amount any one or any company can contributed to a political campaign.  Illinois is one of only 4 states that has no limits on campaign contributions.  We must also establish transparency in lobbyist reporting.  We should know what clients are paying who to do what work.  While such changes have been difficult to address in Springfield, the events of yesterday may provide an opportunity to push through needed reforms.  I – along with a number of my colleagues – are already discussing how we can use these horrible circumstances to tackle these long overdue reforms.

Illinois residents deserve – and must demand – better of their leaders.  I do not believe we will be able to get needed reforms passed in the General Assembly without voters demanding the change.  All of us must act to put needed pressure on our elected officials.  I will keep you posted on my efforts, and hope that you and residents throughout the state will help to ensure we use this moment in time to press for change.
 
Heather A. Steans
State Senator