Blago Refuses to Resign - Why That's Good for the Country
Rod Blagojevich just announced that he won't resign as Governor of Illinois, and will fight the charges that Federal Prosecutor Patrick Fitzgerald made against him.
I think that's for the good of the country - seriously. Our laws say that people accused of crimes are innocent until proven guilty. Not only has Blagojevich not been found guilty in a court of law, he has not even been indicted by a grand jury. All that has happened is a Federal prosecutor has brought very serious charges against him.
For all I know, the charges may well be true. But the point is that I don't know, and neither do most Americans. What we know is that we live in a society governed by laws. If a duly elected governor is obliged to resign because he is accused, not because he is found guilty, what does that say about our laws? Should a prosecutor have such power?
I think not, especially when that power could not only remove a governor, but stop the state of Illinois from sending one of its two Senators to Washington. I know that Harry Reid has said the US Senate would not seat anyone appointed by Blagojevich - but it's not even clear that the Senate would be sustained in court if they tried to do that in this case (those decisions can always be challenged in court, and I wonder if a judge would uphold voiding a Governor's appointment on the basis of his being accused not convicted of a crime).
Laws are designed to protect all of us. Let's not short-circuit them by behaving as if someone has been convicted, when he has only been charged.


Salon.com
Comments
http://www.washingtonpost.com/wp-dyn/content/article/2008/12/12/AR2008121203299_pf.html
(and I'll rate this time)
He's not going to walk though. 50% of the last 3 Governors didn't walk. And Blago doesn't have the money (they are freezing his assets) the power (he has no friends on either side) or the politics. He has hosed everything he's touched.
So it will take a bit longer---but I'd bet the last remaining shreds of my 401k that he will not walk.
Don't hate to say it - it's music to my ears... :)
Stacey - thanks.
Now, my hope for the Blago situation is that he sings like a bird. Let's give the jury system a workout on lots of these guys.
shiral: yeah, if bad hair were a crime, I'd be serving life in prison...
Thanks and thumbed.
Blagojevich is a public servant. As such, the interests of state take precedence over governor's private interests. He should step aside immediately.
What that would mean is that, when it comes to public, elected officials, the mere charge of a crime by a Federal prosecutor is all that is needed to make the official leave office, and void the results of the election that put the official in office.
You're comfortable with what that does to our democracy - that a single prosecutor with a charge as yet unproved in court, and denied by the elected official, can outweigh the result of millions of voters?
You think what I say is "sophist"? If we're going to resort to name-calling here, it strikes me that what you're saying is fascist.
I think it may very well be in the public interest to get on with the impeachment with due haste. Whether he did the crimes or not, he certainly is on tape as willing to give that impression, and when it comes to public office wherein there is an exercise of power, he ought to be relieved of duty, paid, and whomever is the successor should be serving as governor until a legal decision is rendered or an impeachment proceeding completed. If he is innocent, that will be proven. In the meantime, the citizens of Illinois deserve a governor who can clearly and cleanly do the job.
If a police officer was in this position a similar procedure would be followed. People in a position of trust ought to be held to a higher standard and be required to follow a procedure that protects the public. Due process is not the only concern to be weighed here.
Problem is, the guy is desperate, and on top of that, he's an ass. That is really why Illinois will only have one senator while he gets his day in court.
In the end, he should immediately step aside and let justice be served if for no other reason than to ensure, if only optically, that the public office is above repute. As it looks now, any thug can hold office
We've heard the tapes. He hasn't denied saying those things. A very well-respected, scrupulously honest prosecutor with a long record tells us Blago *did* say those things.
Now take the matter of law out of consideration for a moment. Pretend there's no law against what he is accused of having done, and there is no prosecution, and no prospect of prison time. Consider just the tapes, and what they tell us.
Can this man continue to be effective as Governor when everyone believes he's a cheating, corrupt sleazebag? One of his key duties right now is to appoint a replacement US Senator, and yet anyone he appoints would be seen as illegitimate simply because they were appointed by Blago. It's a ridiculous state of affairs.
Guilty or innocent, he needs to not be the Governor now. If he turns out to be acquitted - or even if he's convicted and serves his time - he's welcome to come back in a future election and convince the voters that he can do the job again.
http://www.chicagotribune.com/news/columnists/chi-kasstuesdayblago12-16dec16,0,5311000.column
So Illinois crumbles as it falls towards insolvency. Rezko has apparently decided to get the best seat on the bus to prison.
Definitely, let's allow "justice" to prevail. Like there's even a chance in hell of that happening.
December 9 - Governor Rod Blagojevich, who has been reportedly under investigation by the federal government for three years, is indicted based on a recent wire tap.
When is the last time you saw a governor take a high profile stand for a small business and working people against a multinational bank?
The FBI sure shut that down quick.
The FBI has been wire tapping Blagojevich for years.
This means they knew in advance that he was organizing a campaign to throw a spotlight on:
a) big banks who choking their clients credit lines even after they received their free billions from the tax payers
b) employers who are booting employees without warning, severance, or making good unused vacation time as required by law
They could have dropped him at any point, but they waited until this campaign started to resonate nationally."
So far he is guilty of swearing on the phone ,an indoor sport that is enjoyed by Rahm Emanuel and John McCain, the latter being well
protected by his understanding colleagues. I consider this scapegoating until i have the facts. .
Different situation on a crucial point, Suzanne: the police officer was not elected by the people of the state. An officer stepping aside is not quite the same as a governor doing so. There's no negation of the democratic process in an officer stepping aside.
The analogy with a police officer was flawed, but only a little bit. There's no administrative supervisor who will force the governor to step aside if he doesn't resign, as there would be with a police officer. There is, however, the legislature's power of impeachment, which is what they're intending to excercise if he does not resign. That, too, is a perfectly legitimate part of the democratic process.
You know as well as I do that there are no perfect analogies here. While you are right that it isn't perfect, the mechanisms available are not dissimilar. The point is that both the police officer of any rank and a governor are meant to uphold the law. If there is any question about their dedication or capacity to do so, administrative leave, or some equivalent, certainly ought to be available. His rights as an individual should not be superior to the rights of the constituents who he serves, whether they voted for him or not.
those who enter politics purely for the love of public service are the usual suspects: patricians , or intellectuals for whom the common good is the central objective of their lives.
the rest, punt.
there is a law of supply and demand. Are you all sure that nobody in Illinois would be willing to "purchase" the Obama senate seat?
We do not know all the facts. So let's just wait.
Yes, Blagoyevich is innocent until proven guilty. Yes, he shouldn't be forced to resign as governor just because of the charges against him.
But, the Illinois legislature should throw him out of office for other reasons. In fact, there were many legislators in Illinois, including Democrats, who have wanted to impeach him long before the latest accusations came up.
For starters, the man refuses to even work in the State Capitol. Instead, he works from a campaign office about 200 miles away from Springfield. He has also refused to meet with legislators, refused to talk to them, refused to return their phone calls.
His dereliction of duty is profound and disturbing. He acts like he's a monarch who can do whatever he wants whenever he wants.
I say first change the law on appointments. Then, boot him from office. Then, Fitzgerald can do his thing -- which will eventually include far, far more charges than the ones that led to Blago's recent arrest.
Nevertheless, it is important that people like you write columns reminding us all that the law is more important than whether or not there is an incumbent governor whose behavior appears to be embarrassing. Rated.
Shalom,
ZWrite
Ok, cos, I'll spell it out for you: Spitzer resigned because, presumably, he thought he was guilty. No negation of the democratic process there. But Blago is saying he's innocent. If he therefore resigns because of media pressure, because all the self-appointed arbiters of what's right in a democratic society insist that his resigning is that right thing to do, and he therefore can no longer govern in such an environment, that is indeed a negation of the democratic process.
Suit yourself.
It's not just about law-breaking. Governing a state takes a certain level of judgment that this Governor has clearly shown he doesn't have. He's not trusted. He's not effective. And he is crippling Illinois government with his actions. Telling him he has to resign is not saying "you are guilty of a crime."
However, in the end, the single most important thing today is what Paul reminds us of here, innocent until PROVEN guilty. If we are willing to allow this fundamental concept go by the wayside, we allow finally everything important in constitutionally elected, democratic governance to go with it.
If the hard evidence that has been leaked proves actually to be “hard evidence”, I suspect he eventually do time.
And if the hard evidence that has been leaked proves actually to be “hard evidence”…probably the more ethical move on his part would have been to resign.
But if the hard evidence that has been leaked proves actually to be “hard evidence”…the chances of this guy having anywhere near enough ethics to do so seem mighty slim.
We’ll see how this plays out.
I doubt very seriously if he will benefit from the nomination when it is made, regardless of who or what actually ends up making the nomination. Somehow or other, the nomination SHOULD BE MADE! The APPOINTMENT SHOULD BE MADE. A second senator from Illinois is needed in the Senate, both for the sake of the Senate and for the people of Illinois.
1) that blago doesn't know whether he's guilty, and
2) that the "innocent until proven guilty" concept rightly applied to prosecution also applies to impeachment--or other removal of our employees from public office.
on #1, perhaps you mean, "Rod Blagojevich just announced that he won't resign as Governor of Illinois, and . . . I think that's for the good of the country IF HE KNOWS HE'S INNOCENT."
the thing about his decision on resignation is fundamentally different than others calling on him to resign, in that he is the one person who knows for certain exactly what he did. (those his moral capacity to see right/wrong may well be in doubt.)
based on the transcripts of certain phone calls--a small portion of his dealings--i consider it highly likely that he did in fact commit crimes. so i would have to modify your statement to something like "in the very unlikely event that blago knows he's innocent . . . he should fight."
i'd agree with that, but i think it's remote.
#2. you say "Our laws say that people accused of crimes are innocent until proven guilty."
as some others have pointed out, our laws say that about criminal prosecution by the state--leading to imprisonment and/or fines and a status of felon (for major crimes), which results in forfietiture of additional basic rights, like voting.
i don't believe that concept holds in civil litigation (where i think both parties enter with an equal presumption, right? or no?) and it does not hold with impeachment.
the people--and our representatives in the legislature--have the right to remove a person for any reason, if we are unhappy with their performance. they are not guaranteed due process, because we are not charging them with a crime, merely firing them.
and no, we don't guarantee them the same rights as other employers who may have to fire for cause. they hold a special place of power over us, and we retain the right to fire them at will at any time.
the US constitution lays out intentionally vague criteria for removing a president (without looking it up, i believe it's "high crimes and misdemeanors"--correct that if i missed.)
the Illinois constitution does not.
the full text of Article IV, section 14 follows:
http://www.ilga.gov/commission/lrb/con4.htm
SECTION 14. IMPEACHMENT
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence
of cause for impeachment and, by the vote of a majority of
the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or
affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall
preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not
extend beyond removal from office and disqualification to
hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.
(Source: Illinois Constitution.)
wasn't most of the breathing population of the country outraged as soon as we saw the transcripts, regardless of and before the media pressure?
i think it's fair to say that the pressure is due to blago's own recorded statements.
i think both the public and the IL legislature have the right to say,
"Look, we have possession of a shitload of your recorded statements which are highly incriminating. Whether or not you succeeded in selling this seat--and a host of other things--you personally made repeated statements which seem to make it very clear that you did. But there are two sides to every story. So please offer a convincing defense, or leave, immediately. If you don't, we will throw you out. As a senior public official, the burden of responsibility lies on you, so make it good."
if he is prepared to do that, asap, and does it convincingly, he does not need to resign.
if he feels he is in such legal peril that making his defense would impede a criminal trial, then he has acted so recklessly as governor, that he has imperiled his position and has to make a choice: fight for his job, or give up his job to play it safer in court.
---
there was a big push in the state a few years ago to make this somewhat easier, with a recall process, which blago helped block. in a recall, the voters can decide, on a whim, to remove him. (as they did in CA.)
as it is, that power/authority resides with the legislature.
Dave, you're completely right that the people have the right to remove public officials from office, via impeachment (which is the equivalent of an indictment) and then being found guilty in a trial.
In the case of Blago, neither has happened.
And, you're wrong that he is not entitled to "due process" in the trial that would follow his impeachment.
Resigning now would short circuit that whole process, and deprive the people of Illinois of their election governor, just because a Fed prosecutor has brought charges against him (and has not even brought a Grand Jury indictment).
This is not about Blago and his rights. This is about his ability to govern. While we in IL are living through the worst fiscal crisis for state government EVER, we have a governor who is absent, distracted, unpopular, and unable to lead with any credibility in this current crisis. It would be best for his constituents (if not for him) for Blago to do the best thing for the state (and not for himself) and resign.
Due process, innocent until proven guilty, blah, blah, blah, are all out the window when a corrupt politician is caught red-handed. Do you really believe he's clean? Blago will resign after he's made the best deal for himself that he can. Bet on it.
Cheers,
David
I'm afraid not, D.M. For example: Bill Clinton was impeached, and then found not guilty in the Senate trial. And there's no evidence, except for what Fed prosecutor Fitzgerald says, that Blago was caught "red handed". That's for the impeachment and trial to determine (and, in additional, a possible criminal trial).
In the US, we don't associate any pleasure with our politicians... :)
But, more seriously, "the pleasure of the people" is precisely what I'm talking about here. If the people's representatives see fit to impeach Blago, and other representatives find him guilty in a trial, that's the democratic way of going about this.
Blago's resigning just because Fitzgerald has accused him is not.
Then there is that pesky matter of presumption of innocence, and the state has a process, where they can impeach him, prosecute, or both.
I hate to sound like a Republican, but let's let the state decide.
I have a question and a suggestion.
What does corruption in New Jersey and Illinois have to do with Iraq and Afghanistan?
I know how to solve a problem of corruption. Every state should publish a Price List for all elected positions. This would lead to elimination of the unnecessary costs of investigations, impeachments etc and spead up the process.
And while my own cynicism regarding human nature tells me he's guilty as shit, that is (fortunately) not how our justice system works.
His alleged crimes are such that they call to question his very ability to govern. How can we trust that his appointee would be scandal free? As far as I'm concerned, every move he's ever made has been the result of a quid pro quo, money/power for favor exchange.
If Democrats allow this man to remain in office it puts a serious stain on their ethics. The evidence is too powerful. Were the charges not directly related to his honesty as an officeholder, the issue might be different. But the representative of the people should not have such a clear indication of corruption and still remain in office, selling appointments and exchanging favors.
This has happened here in Boston as well where a Federal Prosecutor released some blurry photographs perporting to show a couple of public officials receiving bribe money. Of course the media jumped all over it It occurred to me that it was just another slap at the Constitution delivered in the dying days of this horrible administration.
Perhaps better days are coming where
But members of the US Congress are not little innocent kids who did not know anything. Anyway, we will see what happens in the future.