Illinois Attorney General Calls for Court to Oust Gov. Blagojevich

With that, I would be happy to answer some of your questions.

QUESTION: General, I wonder if I could ask you about (OFF-MIKE) I'm wondering (OFF-MIKE) think the timeline (OFF-MIKE)

MADIGAN: We would certainly hope that the Illinois Supreme Court would move forward recognizing these extraordinary circumstances and, therefore, with speed, which is why we filed a TRO. However...

QUESTION: (OFF-MIKE)

MADIGAN: Yes. We filed a temporary restraining order. And what that would normally do is accelerate the process of a lawsuit.

QUESTION: (OFF-MIKE)

MADIGAN: Correct. Correct, Andy.

But let me also state that Illinois Supreme Court Rule 382 is very bare-boned. It basically provides the ability to file a pleading with the Illinois Supreme Court, but does not set out any procedure or process after that for how they will choose to handle this. So the Illinois Supreme Court could do virtually anything. They could deny us even the ability to file this complaint. They could grant a TRO. They could say that the governor should be removed immediately. They could say that they want briefing. They could read the pleadings and -- it's hard to say what they will do at this point.

(CROSSTALK)

QUESTION: (OFF-MIKE)

MADIGAN: And if the court gives him that opportunity, yes.

QUESTION: General, a TRO -- a TRO in a case as serious as this would seem to be unlikely, would it not, given the court wanting to make sure and (OFF-MIKE) arguments and pleadings before it takes a step this drastic?

MADIGAN: Well, we thought it was important to file a TRO because of the urgency of this. It has been three days since we learned of the criminal complaint and Governor Blagojevich's arrest.

And in those intervening three days, there are matters of state business that cannot be moved forward in a legitimate manner. And so we want to make sure that the court recognizes, as do the people of the state of Illinois, the urgency for us to have a governor who can legitimately and effectively exercise the duties of that office.

QUESTION: One -- one follow-up to that, please.

MADIGAN: Go ahead.

QUESTION: Legislative leaders believe that the impeachment process, if carried out as quickly as possible, would take perhaps a month. Do you believe that this could be done a lot quicker than that?

MADIGAN: I do not know how quickly an impeachment procedure would take, and so the legislature will have to make that determination probably on an ongoing basis, if they decide to pursue that.

(CROSSTALK)

QUESTION: ... give us an example or two of state business you know...

MADIGAN: Sure.

QUESTION: ... is not being accomplished because of the governor's situation (OFF-MIKE)

MADIGAN: I'm going to give you one example. Short-term borrowing, as you are aware, the state of Illinois is behind in paying its bills, in particular to Medicaid providers. I believe we have a backlog of at least $1 billion in bills. In order to make those payments, there was short-term borrowing that was scheduled in the very near future. At this point, we -- they have postponed that. And it may be very difficult, if not impossible, to move forward on short-term borrowing, because, as part of that process, as the attorney general, I play a number of roles.

One is to essentially review and say that the short-term borrowing is legal, but another portion of that requires me to sign a certificate certifying that I am not aware of any proceeding or threatened litigation challenging the authority of the governor to hold his office.

MADIGAN: And so I at this point would not necessarily be able to sign that, and so I'm currently working with OMB to determine how we can proceed and handle that.

QUESTION: (OFF-MIKE) borrowing (OFF-MIKE)

MADIGAN: Yes.

QUESTION: (OFF-MIKE) certificate (OFF-MIKE)

MADIGAN: I believe we do have that certificate.

Roger? We do.

(CROSSTALK)

QUESTION: Is this track different -- in other words, are you comfortable with this track (OFF-MIKE) have any impact (OFF-MIKE)

MADIGAN: Correct.

QUESTION: If they go along with what you want to do (OFF-MIKE) need for legislature (OFF-MIKE) appointment power away from the governor and there's no need (OFF-MIKE)

MADIGAN: Let me stop your question, because I have an answer. I see where you're going.

No, with these filings, we still think that it is imperative for the legislature to make a decision and hopefully proceed with impeachment proceedings.

What we're essentially saying to the Illinois Supreme Court is, based on these extraordinary circumstances, we want them to make sure that we put in place the lieutenant governor to serve as the acting governor so that the business of the state of Illinois can move forward, as opposed to having this interim period where we're paralyzed at the state level.

(CROSSTALK)

QUESTION: (OFF-MIKE)

MADIGAN: Usually with a TRO, there's a 10-day period or some sort of a response.

Mr. Scodro, correct?

(UNKNOWN): Or a five-day period.

MADIGAN: Or a five-day period. So, obviously, one of the reasons for filing the TRO is to shorten that window. Normally when we file a complaint, it's almost a month after it's serviced (ph) until anything occurs.

QUESTION: (OFF-MIKE)

MADIGAN: Correct. As soon as possible, yes.

(CROSSTALK)

QUESTION: (OFF-MIKE)

MADIGAN: Say it again.

QUESTION: (OFF-MIKE)

MADIGAN: What we have put...

QUESTION: (OFF-MIKE)

MADIGAN: that is not contained in our pleadings. What we have delineated are all of the activities that were contained in the criminal complaint filed by the U.S. attorney, so the filling of the U.S. Senate seat, making any state disbursements -- and this is based on the apparent refusal to provide Medicaid reimbursement to Children's Memorial Hospital unless he received a campaign contribution from its CEO, the potential to not sign legislation on the racing industry subsidies unless he potentially received a campaign contribution, the desire to enter into any business regarding contracts.

In particular, the Toll Highway Authority has a plan, over $1.8 billion plan for further construction. So what we've done is to delineate all of those things and say, if the Illinois Supreme Court does not want to put in place the lieutenant governor as the acting governor across the board, at least for these categories of activities, he should be placed in that position, because it is unclear and, obviously, we think, illegitimate for Governor Blagojevich to undertake any of those activities.

QUESTION: Did you have any -- did you have any concerns...

(CROSSTALK)

MADIGAN: You haven't had an opportunity.

QUESTION: (OFF-MIKE)

MADIGAN: I'm in favor of the legislature moving forward with legislation to create a special election, but, obviously, it will be up to them to make that determination.

QUESTION: (OFF-MIKE) as governor (OFF-MIKE)

MADIGAN: I serve as the attorney general of the state of Illinois. And in that capacity, I am the lawyer for the people of the state of Illinois.

We are facing an extraordinary situation, and so we want to make sure that this state has a governor who can act legitimately.

The law gives the authority to the Illinois Supreme Court to make a determination as to whether or not Governor Blagojevich is able to serve. We think it is very clear that he is incapable serving, and we are certainly hopeful that the Illinois Supreme Court will hear this matter and appoint Lieutenant Governor Quinn as the acting governor.

QUESTION: In reference to 382 and the restraining order, is that something -- just so I -- some of us understand -- is it something that someone on in your capacity could file or could the average citizen file either one of those (OFF-MIKE)

MADIGAN: Rule 382 does not specify. And so, as the attorney general, I serve as the lawyer for the people of the state and, because of that, I believe it appropriate to go to the State Supreme Court and file these matters.

QUESTION: (OFF-MIKE) ask you to be senator, will you take it?

MADIGAN: You know what? At this point, we are purely focused on making sure that state government runs for the benefit of the people of the state of Illinois. Political issues and political matters are not even on my radar screen this week.

QUESTION: How long with the governor (OFF-MIKE) the governor?

MADIGAN: That depends on what happens. So if the Illinois Supreme Court would say that -- or temporarily remove Governor Blagojevich, appoint the lieutenant governor to serve as the acting governor, a number of things could happen. The legislature could move forward on impeachment and, ultimately, impeach the governor. In which case, the lieutenant governor would become the governor of the state of Illinois.

They may choose not to do that. In addition, obviously, the U.S. Attorney's office plans on continuing their investigation and probably filing an indictment. Governor Blagojevich could lose his position if he is convicted.

In addition, there could be a circumstance where neither of those things occur. And then the Illinois Supreme Court -- Governor Blagojevich could go back to the Illinois Supreme Court and ask them to remove this disability status and reinstate him as the governor.

QUESTION: (OFF-MIKE).

MADIGAN: I do not believe that he should be, but I do not know the answer to that question.

QUESTION: (OFF-MIKE) are you concerned (OFF-MIKE) while there is (OFF-MIKE) that there isn't (OFF-MIKE) legislative remedy (OFF-MIKE)?

MADIGAN: We, obviously, have that concern. But what we have laid out in our pleadings is that whether or not the impeachment proceeding moves ahead -- and let's assume it moves ahead -- there is still an intervening time period during which the state of Illinois is without a chief executive who can legitimately exercise the powers and duties of his office.

Craig?

QUESTION: Is there any (OFF-MIKE) in any state for an (OFF-MIKE) taking this kind of action (OFF-MIKE).

MADIGAN: Not that we are aware of. QUESTION: Did you give any consideration to the intent (OFF- MIKE) whether it was meant for a political (OFF-MIKE) crisis like this or simply for some kind of medical or emotional (OFF-MIKE)?

MADIGAN: I think the question you're getting at is how is disability or is disability defined. Correct?

And so, yes, we did. And it's addressed in our briefs. We would look to the fact that the term disability legally is very broad, that it is not simply isolated to a physical or mental disability. And you can read all about that in our pleadings.

Yes?

QUESTION: (OFF-MIKE)?

MADIGAN: We have, as you know -- had, I should say because it was a while ago, obviously -- initiated an investigation at the time that Alderman Dick Mell stated that essentially Governor Blagojevich was trading appointments for campaign contributions. At one point, as, also, you are probably aware, the U.S. Attorney, Patrick Fitzgerald, asked us to cease our investigation and let them proceed, which we did.

But since then, we do have personnel in the office of the attorney general who have provided assistance and information to federal law enforcement authorities. And that's all I can tell you.

Do you have any more questions for me?

QUESTION: Yes, I've got one more question for you.

MADIGAN: But, yes, then I will.

QUESTION: Is it fair to say -- I don't want to put words into our mouth -- that the reason you're doing this is you think (OFF-MIKE) urgency and this can be done quicker than impeachment?

MADIGAN: Perfect, yes.

QUESTION: (OFF-MIKE)?

MADIGAN: Not that we are aware of. Or I'll stop -- yes. Because it can -- in addition to whether or not the governor is able to serve, this rule also provides for redistricting cases to go immediately to the Illinois Supreme Court. And yes, it has been used for redistricting purposes.

QUESTION: (OFF-MIKE).

MADIGAN: No. No. No. My concern is to deal with the extraordinary circumstances that this state is facing right now. And, obviously, we want to make sure that the people of the state of Illinois have a governor who can legitimately fulfill the duties of that office.

QUESTION: (OFF-MIKE) governor's office?

MADIGAN: I have not.

QUESTION: Are you aware of any other state agency...

MADIGAN: No.

QUESTION: (OFF-MIKE)?

MADIGAN: I am not personally aware of that. Obviously...

QUESTION: (OFF-MIKE)?

MADIGAN: We have not. We have provided them with a copy on the 16th floor, and we -- a copy of the actual complaint is being served on him now.

QUESTION: When do you expect to hear from the Supreme Court?

MADIGAN: Within a short period of time. But we do not know how long that...

QUESTION: (OFF-MIKE)?

MADIGAN: Pardon me? We may not hear from them today. But they have received it. It has been filed. QUESTION: (OFF-MIKE) asking for (OFF-MIKE) any opportunity that he can perform besides (OFF-MIKE) any kind of position in government (OFF-MIKE)?

MADIGAN: Well, the way that we determined what activities we were asking the Supreme Court to enjoin him from performing was based on the information that was contained in the criminal complaint filed Tuesday. And so there may be other things he can do, ceremonial functions, but you're right. This covers the vast majority of what his duties would be but not all of them.

QUESTION: Is your request for (OFF-MIKE) is that the (OFF-MIKE) request received or is that (OFF-MIKE)?

MADIGAN: That is the ultimate request both in the TRO as well as in the complaint.

QUESTION: OK. So it's (OFF-MIKE)?

MADIGAN: Correct.

QUESTION: (OFF-MIKE)?

MADIGAN: Yes. You guys are.

QUESTION: (OFF-MIKE).

MADIGAN: I shall, indeed.

QUESTION: (OFF-MIKE) what is the (OFF-MIKE) violation (OFF-MIKE) someone (OFF-MIKE) separation of powers (OFF-MIKE) what happened (OFF- MIKE)?

(UNKNOWN): Well, I went over very carefully with the attorney general's staff what they were proposing to do and had input on it and made suggestions. I think this is the least invasive way of solving the immediate problem. It does not try to take over the legislative function. It invites the legislature to proceed as rapidly as they can.

One of the problems with the legislature proceeding on an impeachment route is that this legislature expires at the end of this month or shortly before that. It's inconceivable to me that any kind of a procedurally proper impeachment and removal to occur between now and the end of the month.

That means that, probably, the legislature would have to start over again or, at least, complete its activities sometime after January 4th when the new legislature takes over.

This is, as much as anything, a hold-fast effort by Attorney General Madigan to allow the state to continue to operate during that period. It is very difficult if there's nobody in charge of contracts, if there's nobody in charge of the state apparatus, to run the business of the state. And I think... QUESTION: (OFF-MIKE) on the same subject then (OFF-MIKE) can win (OFF-MIKE) at the same time as the legislature is trying to figure out (OFF-MIKE).

(UNKNOWN): I don't think so. If the legislature -- there's no question that the legislature is supreme here. And if the legislature decides to act on any of these fronts, I think it supersedes, certainly, the request that the attorney general has made and probably the power of the court.

QUESTION: Do you think the legislature trumps the court?

(UNKNOWN): On these issues, absolutely.

QUESTION: Why is that?

(UNKNOWN): Because...

QUESTION: The court generally trumps the legislature on matters of jurisdiction.

(UNKNOWN): Well, on jurisdiction, fine. But on the substance of the matter, there is a removal procedure specifically spelled out in the constitution which the legislature is authorized to conduct. There is the authority in the constitution and the in the federal constitution as well for the state legislature to decide how the vacancy should be filled. And so if they exercise either of those functions, I think that trumps the power of the court.

QUESTION: In your view, Judge, is the action you're asking for by the Supreme Court temporary in nature or permanent in nature?

(UNKNOWN): It's temporary in nature in the sense that if the legislature acts or if the governor resigns, it would make this case moot.

QUESTION: But he would not, in any event, be removed permanently. And should the state legislature decide not to impeach him, he would be in a kind of suspension limbo.

(UNKNOWN): I think if the legislature decided not to remove him, impeachment is only the first step. If the legislature decided not to remove him, I can't predict what the Supreme Court would do at that point. But there's nothing in the pleadings that have been filed on behalf of the attorney general which would say that the court must then step in for a permanent removal where the legislature has decided not to.

This is...

MADIGAN: Let me follow up for a moment. One reasons that we have sought the remedy that we've sought, saying that the governor should be temporarily removed, is that we recognize, again, the court may be reluctant to take up this matter. And to the extent that we can provide a remedy that is narrow, that's what we've tried to do. So instead of requesting permanent removal, we have requested temporary removal from office.

QUESTION: (OFF-MIKE) I ask you this because normally...

MADIGAN: I think, Andy, I stated that I was unsure as to whether or not he would be paid.

QUESTION: Frequently, when you're suspended...

MADIGAN: If it's temporary.

QUESTION: (OFF-MIKE) you're suspended with pay pending the outcome. So why should this not be (OFF-MIKE)?

MADIGAN: You know what? If he ends up receiving his pay if he is temporarily removed, I think that would be fine with the people of the state of Illinois.

QUESTION: (OFF-MIKE)? MADIGAN: I serve as the attorney general. Right? And as the attorney general, I am the lawyer for the people of the state. I've served in this capacity for almost six years. And that is my focus today is making sure that we have a governor who can legitimately rule this state.

I haven't been thinking about politics, unlike the rest of you, all week long. And so, at this point, I have no comment as to my political future. I am very happy serving as the attorney general even though these are very challenging times.

QUESTION: (OFF-MIKE) like the last pressure on the (OFF-MIKE)?

MADIGAN: Obviously, I think the people of the state would be best served if Governor Blagojevich would resign immediately. It would make our pleadings moot. So the Illinois Supreme Court would not have to contend with these matters. It would also make the legislature's process of impeachment moot. And we could all move on.

QUESTION: If you're successful, would (OFF-MIKE) Quinn be (OFF- MIKE)?

MADIGAN: It depends -- no. It depends. So as you know, the Illinois legislature is coming to session on Monday to change the law to put in place a special election to determine who is the next U.S. Senator. And so should that occur, I presume that -- but I do not know because I am not the lieutenant governor, that he would probably agree that the will of the people, having been expressed through the legislature, should prevail. And, hopefully, he would sign the legislation.

QUESTION: (OFF-MIKE)?

MADIGAN: I am familiar with his statement.

QUESTION: (OFF-MIKE)?

MADIGAN: I think that the legislature is very wise. At this point, considering the fact that Governor Blagojevich was apparent attempting to sell an appointment to the U.S. Senate. to change the law here in Illinois and provide for a special election.

QUESTION: (OFF-MIKE) other people, whoever might be (OFF-MIKE) any protection (OFF-MIKE) to prevent others from using this law (OFF- MIKE) to have a governor (OFF-MIKE) disabled sort of have it be done sort of (OFF-MIKE) when the circumstances might not be as (OFF-MIKE) there or could this be filed (OFF-MIKE)? Could a case like this happen again? I mean, could this...

MADIGAN: I'm still not understanding your question.

QUESTION: (OFF-MIKE) protections in place to stop someone from doing what (OFF-MIKE)?

MADIGAN: Oh, I'm sorry.

QUESTION: Of abusing the authority...

MADIGAN: Yes. And here's one of the protections, as I mentioned. The Illinois Supreme Court has total discretion as to whether or not to even hear this matter. So the Illinois Supreme Court judicial branch serves as a check on the executive branch in this circumstance.

QUESTION: This is the first time (OFF-MIKE)?

MADIGAN: This is the first time that, as far as we know, Rule 382 has been used for this purpose. As I indicated, it has been used for redistricting purposes. And I believe that this rule was, in fact, promulgated by the Illinois Supreme Court after the adoption of the 1970 constitution.

QUESTION: (OFF-MIKE)?

MADIGAN: Except he -- what we're saying is he should not be allowed to fill the U.S. Senate vacancy, do anything on contracts, do anything on legislation, do anything with the finance authority, do anything with the toll highway authority.

QUESTION: (OFF-MIKE)?

MADIGAN: To the extent, as we've noted, that there are other duties, right. And that is if they would choose our alternative remedy. Our first request and our preference in terms of a remedy so as not to end up with all of these confusing questions, is that the Illinois Supreme Court would temporarily remove him and put in the lieutenant governor to serve as the acting governor for all the functions, for all the duties of the governor's office.

QUESTION: (OFF-MIKE) bridge between (OFF-MIKE)?

MADIGAN: Correct.

QUESTION: (OFF-MIKE) who would temporarily...

MADIGAN: The interregnum.

QUESTION: The legislature (OFF-MIKE) this action (OFF-MIKE)?

MADIGAN: Right. It would moot that, as we like to say in law school.

QUESTION: I know you say that you haven't thought about politics at all. There's obviously been questions about (OFF-MIKE) questions about politics and your political future (OFF-MIKE). Given the fact of your possible interest in being governor, given the fact that (OFF- MIKE) possible Senate replacement for Barack Obama, was any consideration given to your removing yourself from this issue (OFF- MIKE) possible reception, if not, reality (OFF-MIKE)? MADIGAN: No. And let me make two further statements. One is I never expressed any interest in even being considered for the U.S. Senate vacancy. I never contacted or talked to either the governor or anybody in the governor's office about that.

In addition, I am supporting putting the lieutenant governor into serve as at governor of the state of Illinois. I think that is in the best interests of the people of this state. And I am happy to serve as the attorney general of this state. And I will continue in that role to do what is best for the people of this state.

QUESTION: Just one more question.

MADIGAN: Really? I was hoping we were done.

QUESTION: (OFF-MIKE) did you have any conversations (OFF-MIKE) talking about this?

MADIGAN: I have spoken to all of the legislative leaders in the past few days and indicated to them that I believe that they should move forward with impeachment proceedings. In fact, this morning, I not only spoke with them all but I also sent them a letter, copies of which are floating around the room. And so I've spoken with them. I've sent them a letter. And I am hopeful that they will move forward with impeachment proceedings.

QUESTION: (OFF-MIKE) relatively equal (OFF-MIKE)?

MADIGAN: Correct.

QUESTION: Do you know why your father has been appearing to be some reticent?

MADIGAN: You would have to ask the speaker questions about that.

QUESTION: Do you know why the speaker of the house...

MADIGAN: I heard your question. You would need to ask him.

(LAUGHTER)

QUESTION: (OFF-MIKE) ask this. We've heard that there might have been a private citizen filing some papers.

MADIGAN: I am unaware of any other filing, if that's what you're asking. Solicitor general -- we're not aware of any.

QUESTION: So if a private citizen were to go and filed...

MADIGAN: The Supreme Court of Illinois would determine what to do with those pleadings as well as they would determine what to do with ours.

Thank you all very much.

END