Illinois Supreme Court Upholds Governor's Power

CHICAGO - The Illinois Supreme Court yesterday shot down Attorney General Lisa Madigan's requests that the court declare Gov. Rod Blagojevich unfit to govern following his arrest last week on federal corruption charges.

The court yesterday issued its orders denying Madigan's motions without comment. Madigan had filed motions last Friday seeking a temporary restraining or preliminary injunction temporarily removing the governor or at least seeking to strip him of most of his responsibilities, such as the ability to award contracts or name President-elect Barack Obama's Senate replacement. The court also rejected a petition by a group of private citizens seeking to remove the governor.

Madigan's move, unprecedented in state history and viewed by legal experts as a long shot, came three days after federal authorities arrested Blagojevich and his now former chief of staff, John Harris, on criminal corruption charges that included various pay-to-play allegations. It also accused the governor of seeking to personally profit from his power to fill Obama's seat.

Blagojevich has remained defiant, refusing to resign. He is expected to speak publicly on the charges for the first time this week.

Madigan based her legal argument on a provision in state law that allows for a governor to be removed if the official suffers from some "other disability" that the attorney general believes is not limited to physical or mental impairment.

"The pervasive nature, volume, and severity of the illegal acts charged in the complaint indicate that Mr. Blagojevich is unable to distinguish between his financial interests and his official duties and between illegal and legal conduct, rendering him incapable of legitimately exercising his authority as governor," the filings read.

Also yesterday, the special House investigative committee set up this week to review the possible impeachment of the governor approved its rules and heard from Blagojevich's newly hired attorney Edward Genson, who attacked the committee's activities.

"This proceeding which is based on the findings of this summary ... is unfair and, quite frankly, illegal," Genson said, referring to the 76-page Federal Bureau of Investigation affidavit that accompanies the federal government's two-count criminal complaint. The U.S. Attorney's office has not yet sought a grand jury indictment.

Genson also attacked the credibility of indicted witnesses who are now cooperating with federal authorities that the committee plans to call, including former Illinois Finance Authority head Ali Ata, who has said the governor gave him his job as a reward for campaign contributions.

Genson also challenged lawmakers' authority to remove the governor. "In going over the statute and in going over the [state] constitution prior to this proceeding, I find nothing, nothing in any of those places that talks about what the basis for impeachment can be," he said.

He also questioned the fairness of the hearings given comments from some of the committee members.

"Rod Blagojevich cannot get a fair and impartial hearing," he said. His requests to delay the hearings, for the state to pay his legal bills, and for subpoena powers were rejected by the committee.

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