Hold On
by digby
Blogojevich is an ass and should either resign or be impeached as quickly as possible. But this move on the part of the Illinois AG is nonsense. We don't ask courts to "remove" people from office because they refuse to resign . We just don't. We impeach them under a proper legal process. I can't stand this rush to change the rules whenever people don't do what they're "supposed" to do. Tell the legislators to give up their Christmas break, get their asses in gear and do their job. The state will survive.
Blagojevich is innocent until proven guilty and the legislature and political system have the power to check anything he does through perfectly legal means. The AG's excuses about certain payments that have been delayed is nonsense. Payments are being delayed all over the country for a variety of reasons. That's not a reason to remove the Governor through extraordinary means.
This stuff is becoming more and more common in our system and we shouldn't support it. It's undemocratic and goes against the principles of our legal system and constitution. I'm sorry it's inconvenient but that's too bad.
Update: I just got this in my email:
December 11, 2008 (NEW YORK) – James Tierney, director of the National State Attorneys General Program at Columbia Law School, is available to speak with media about the authority of Illinois Attorney General Lisa Madigan to petition for the removal of Governor Rod Blagojevich from office. Blagojevich was charged Tuesday with federal corruption. Madigan has said she is prepared to take action if Blagojevich does not resign.
Tierney: “Most people don’t know that the attorney general can sue his or her own governor. But a state attorney general is the lawyer for the people of the state – not just for the office holders or the bureaucracy.
“If an elected official fails in his or her duties and the fundamental integrity of the government is at risk, an attorney general has the discretion to act independently to protect the public from ongoing harm.
“Impeachment is a vital method to remove an office holder from his or her position, but it is not necessarily the exclusive remedy. A state attorney general can move quickly to stop an official’s continuing illegal behavior even as impeachment proceedings occur. Further, an attorney general can ask the state's judiciary to temporarily strip an office holder of authority pending impeachment.
“The office holder has recourse to counsel and the opportunity to make his or her case before the courts. That said, it is part of the attorney general's responsibilities to advocate for the public interest.”
James E. Tierney is the director of the National State Attorneys General Program at Columbia Law School, where he has also taught as a lecturer-in-law since the fall of 2000. Tierney served as the attorney general of Maine from 1980 until 1990. He is currently a consultant to attorneys general and others.
I still think this is wrong, particularly seeing as the person who's doing it is a possible candidate for Governor or senator herself. It's not the best way to do things.
If Blagojevich were hearing voices or in a coma, you can see this. But this is legal and political and there are more legitimate ways to deal with this.
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