Hamilton, Madison, and Jay

This blog is devoted to a variety of topics including politics, current events, legal issues, and we even take the time to have some occasional fun. After all, blogging is about having a little fun, right?

Location: Mesa, Arizona, United States

Who are we? We're a married couple who has a passion for politics and current events. That's what this site is about. If you read us, you know what we stand for.

Friday, December 12, 2008

IL AG asks state supreme court to step in on Blagojevich matter

We really feel for Lisa Madigan, but this is the wrong course to take over the Blagojevich scandal. Via Captain Ed at Hot Air, this is a political question not a legal one, and the state supreme court should refuse her request:

In an unprecedented move, the Illinois attorney general asked the state's highest court Friday to strip scandal-plagued Gov. Rod Blagojevich of his powers.

Lisa Madigan took the action as pressure on the governor intensified to step down and lawmakers considered impeachment.

"I recognize that this is an extraordinary request, but these are extraordinary circumstances," Madigan said at a news conference.

It was not immediately clear when the Supreme Court might take up the matter. The justices also have the discretion to deny the attorney general's request. ...

The attorney general asked the court for a temporary restraining order or an injunction that prevents Blagojevich from serving as governor. The filing says he is "unable to serve as governor due to disability and should not rightfully continue to hold that office."

"The pervasive nature and severity of these pending charges disable Mr. Blagojevich from making effective decisions on critical, time-sensitive issues," the filing said.

The filing asks that the lieutenant governor assume Blagojevich's powers.

This is beyond unprecedented. She claims that the scandal, and the nature of the scandal, amounts to a mental disability, and therefore he can't carry out the duties of his office. Despite the fact that we have basically said he's guilty as Hell, we're not a jury of his peers, and he is still owed due process. Yes, he's been arrested, and yes he has been under a federal corruption investigation since 2003. But that doesn't make him guilty.

Taking this to the courts is wrong. This is a political question, and it's one which the Illinois state legislature is trying to take up right now. Since Wednesday they've been debating over whether or not to strip Blagojevixh of his powers to appoint a replacement senator for Barack Obama's vacant seat. This falls to them, and not to the courts.

In the story, she cites the wiretaps. Captain Ed rightly observes that those taps haven't been tested in court yet. Without that, she can't cite them as the basis for her request. Furthermore, she has no clue what all is on those taps because she's not privy to the federal evidence. If she really wanted to make a common sense plea, she should meet with her father Mike Madigan (and Speaker of the Illinois State House) and Emil Jones, and urge them to move quickly on this issue.

Publius II


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