SPRINGFIELD, ILLINOIS - Sangamon County Circuit Court Judge Patrick Kelley once again ruled that the Better Government Association (“BGA”) and its Chief Investigator Dan Sprehe are fully entitled to copies of federal grand jury subpoenas that have been served upon the Governor and his staff.

Back in July 2006, the BGA and Sprehe sent the Governor a Freedom of Information Act request for copies of the federal grand jury subpoenas. The fact that grand jury subpoenas had been issued was widely reported in the news, as were reports of ongoing federal investigations. In addition, Illinois Attorney General Lisa Madigan disclosed correspondence from U.S. Attorney Patrick Fitzgerald in June 2006 that confirmed that federal prosecutors’ interest in the Blagojevich administration.

The reply to the BGA and Sprehe’s request from the Governor’s office indicated that they could neither confirm nor deny the existence of any such subpoenas. Moving beyond their cloak and dagger rhetoric, the Governor’s Office then gave a cursory denial to the request.

After an unsuccessful appeal to the Governor’s office, the BGA decided to undertake the costly and time-consuming task of pursuing the records in court. The reason is simple: Illinois has a terrible track record of public corruption, and the public has a right to knowledge of the activities taking place within the halls of its government. Settling for the tired spin of his press spokespersons isn’t good enough. Such rhetorical Kool-Aid may be sufficient for the Governor’s apologists and true believers, but woefully inadequate for those seeking what are clearly public records.

Accordingly, the BGA filed suit against in January 2007 seeking the subpoenas. The BGA notified the U.S. Attorney’s Office before filing suit, then provided copies of the suit, once filed. At no point did federal prosecutors intervene in the lawsuit, allowing the application of Illinois law to run its course.

Nonetheless, the Governor’s lawyers continued pointing to boilerplate language in federal subpoenas, asking (not “ordering”) recipients not to disclose them. The Governor’s attorney was asked in open court by Judge Kelley if the Governor could be punished under any rule, law or regulation if he voluntarily decided to disclose the subpoenas. The lawyer admitted there would be no sanctions for releasing the documents.

Despite producing a recent letter from the U.S. Attorney’s office, containing the standard request for non-disclosure, nothing changed in terms of what the Illinois Freedom of Information Act requires. Judge Kelley upheld his earlier ruling that the BGA and Sprehe should receive the subpoenas.

On February 29, the Governor’s office finally released two subpoenas to the BGA. The Governor’s office has 48-hours to file an appeal of today’s ruling, which applies to the remaining federal subpoenas.

“We’d have preferred not to file this suit at all,” said Jay Stewart, BGA Executive Director. “Instead of spending tens of thousands of taxpayer dollars on private attorneys, we’d have preferred that the Governor’s office sent copies of the documents we’re entitled to see under FOIA. It’s unfortunate that members of the public have to spend months in court, fighting to view what they already have a right to see,” added Stewart.

“Nonetheless, we’re obviously very pleased at Judge Kelley’s ruling. It’s a victory for the public’s right to know.” Stewart said.

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