Madigan seeks Blagojevich’s temporary removal

by Carol Henrichs

Illinois Attorney General Lisa Madigan has asked the Illinois Supreme Court to remove Rod Blagojevich from his duties as governor. She is asking for a motion for a temporary restraining order and/or preliminary injunction preventing Blagojevich from exercising the powers or authority of his office.

She expressly asks that Blagojevich be prohibited from dealing with those actions outlined in the criminal complaint against him earlier in the week.

Specifically, that means appointing a U.S. Senator to fulfill the unexpired term of President-elect Barack Obama; acting on legislation; directing state agencies to negotiate or execute contracts; direct the activities of the Illinois Finance Authority; directing the activities of the Illinois State Toll Highway Authority; and direct the disbursement of state funds.

She requests that those activities be performed by Lt. Gov. Patrick Quinn per the Illinois Constitution and the provisions of the Governor Succession Act.

She requests that the court declare that the Lt. Gov. shall assume the duties of the governor until the time that Blagojevich’s “disability” is removed.

This comes as there is increasing pressure for Blagojevich to resign.

While the governor has yet to cease the appearance of business as usual, his Chief of Staff John Harris, has stepped down. Harris was arrested at the same time as Blagojevich and charged with the same crimes – to conspire to commit mail and wire fraud and solicitation of bribery.

Madigan said she is taking this unprecedented action to ask the courts to rule because she said these are extraordinary times in the State of Illinois.

“We want to make sure this state has a governor that can act,” she said in a Friday afternoon press conference. “The law gives the court the ability to determine whether Blagojevich can serve. We hope the court will hear this matter and appoint Lt. Gov. Pat Quinn as the acting governor.”

While she is taking the action to keep the state moving, she also advocated action by the legislature to move forward with impeachment proceedings against Blagojevich.

Madigan said her office’s pleadings before the court suggest action whether or not the legislature moves ahead on impeachment. She explained that impeachment could take some time, especially since a new legislature is to commence at the first of the year.

She is focused on the intervening time period when the state has an executive who cannot legitimately exercise his powers as governor.

“My concern is to deal with these extraordinary circumstances,” she said. “The people of Illinois should have a legitimate governor that can fulfill the duties of the office.”

Recognizing that the court may not want to be involved in complete removal of the governor, the remedy being sought is temporary removal.

She said the State of Illinois would be best served if Blagojevich resigned immediately. In that case, impeachment and the action she is requesting from the court would be moot.

The Illinois legislature is expected to return to work on Monday to put into place a special election to choose a U.S..

It is uncertain if and when the Illinois Supreme Court will act on the case.