Blagojevich refuses to obey state public records act

March 4, 2007

Gov. Rod Blagojevich thinks he's above the law.

His own legal counsel, Illinois Attorney General Lisa Madigan, has told him he is violating the Illinois Freedom of Information Act.

So the governor is going to court, using your tax money, to ask for permission to get another attorney, one who will agree with his position.

He wants a new lawyer so he can keep public documents a secret.

These are documents that could well expose corruption at the highest levels of the state government and might even indicate the governor's involvement.

The Better Government Association, a public watchdog organization best known for exposing organized crime figures, asked the governor for the documents in question.

Specifically, it has asked for "copies of any and all subpoenas for records" issued to the state by the United State's Attorney's office between Jan. 1, 2006, and July 24, 2006."

A federal grand jury is looking into the hiring practices of the state, attempting to find out if political clout was used to get people jobs.

The governor refused the BGA's request.

In writing, his office said it could neither "confirm or deny the existence of the documents" requested.

That statement is false.

Of course the governor knows if state records have been subpoenaed. He's acknowledged as much to the news media.

The Freedom of Information Act requires that "each public body shall promptly, either comply with or deny a written request for public records" and if denying the request provide reasons for its denial.

The governor's response, refusing to confirm or deny the existence of the requested records, is an attempt to evade the intent of the law.

He's not admitting he has the records because to do so would be to admit that the documents exist. If the documents exist, they would be available to the public for inspection.

Well, the BGA refused to accept the governor's bogus response.

It asked the attorney general's public access counselor, the state's chief expert on the Freedom of Information Act, for an opinion.

Assistant Attorney General Terry Mutchler told the governor he had to produce the documents.

She also rejected an argument the governor's office has made that he is refusing to provide the documents to protect the secrecy of federal grand jury proceedings.

"Our review of the law has failed to find support for the position that the federal grand jury secrecy rules preclude the office of the governor or state agencies under the governor's control from releasing subpoenas under the act," Mutchler wrote.

Still, the governor refused to provide the documents to the BGA and news media organizations that have requested them.

So a lawsuit was filed to force compliance.

The governor's lawyer in such a suit would normally be the attorney general.

On Thursday, the governor asked a court to let him hire another attorney, someone who would be more zealous in defending his right to violate the state's Freedom of Information Act.

The governor is not acting here to protect your interests or prevent access to government secrets that would expose the country to terrorist attack.

He is acting in his own self-interest, trying to limit the damage that would be caused if people continue to probe allegations of corruption in his administration.

And he knows the attorney general, a fellow Democrat, is sworn to uphold the laws of this state.

The Freedom of Information Act states:

"(T)hat all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials ...

"Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest."

The governor is not conducting his office in the public's interest here.

He is trying to protect himself.

The state's own lawyer, Lisa Madigan, has told him as much.

Education update: State Rep. David Miller (D-Calumet City) has convinced Illinois House Speaker Michael Madigan to call a committee hearing March 20 on HB 750.

This is the first time Madigan has agreed to allow the education funding reform bill, which would increase income taxes and reduce property taxes, to come before a House committee. Until now, he has blocked all official discussion of the proposal.

HB 750 is sponsored by Miller in the House and state Sen. James Meeks (D-Chicago) in the Senate.

Phil Kadner may be reached at
pkadner@dailysouthtown.com