Former Illinois Governor Rod Blagojevich Files Federal Lawsuit to Regain Right to Run for State or Local Office

On August 2, former Illinois Governor Rod Blagojevich filed a federal lawsuit to overturn the judgment of the Illinois Senate from 2009 that he be convicted, removed from office, and barred from ever running for state or local office. Blagojevich v State, n.d., 1:21cv-4103. Here is the Complaint. Thanks to ElectionLawBlog for this news. Blagojevich served time in prison, but former President Trump commuted his sentence so he is no longer in prison.


Comments

Former Illinois Governor Rod Blagojevich Files Federal Lawsuit to Regain Right to Run for State or Local Office — 64 Comments

  1. Governor Blagovich apparently filed pro se.

    The gist of the complaint is that the US Attorney Patrick Fitzgerald had most of the evidence against him sealed and not available for his defense in his impeachment trial. Does the 6th Amendment apply to state impeachment trials?

    I wonder if there is mention of Tony Rezko, former neighbor of the Obama’s.

    I do like the reason that Fitzgeral was recommended for the position as US Attorney for Northern Illinois: he was not from Chicago. He did admit that he had attended a wedding in Chicago 19 years earlier when he was 22.

    There is a talking point memo included in the complaint, but unknown whose it is. It says not to repeat Lisa Madigan’s name.

  2. via JR —

    Art IV
    SECTION 14. IMPEACHMENT [spacing added]

    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.)

  3. I am not a fan of his; but, he has been pardoned. That makes a difference. It’s like a reversal of impeachment. He has got to be better than that HOG now governing. Let him clean up Chicago.

  4. @DR,

    “Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State.”

    It is not clear whether disqualification is discretionary, but in any case the guilty verdict in the impeachment trial did disqualify him.

    I discovered that Blagojevich had been disbarred in 2020 after his pardon. But he can represent himself pro se.

    James Comey was represented by former US Attorney Patrick Fitzgerald. This may have prompted Trump’s interest in Blagojevich, though Blagojevich had also been on The Apprentice.

    The talking points memo was by Mike Madigan (or associates) for the benefit of state representative candidates and distributed in June of 2008. It was leaked (perhaps deliberately) at that time. It was sent out by the Illinois Democratic Party. Madigan was chair of the party in addition to being House Speaker.

    The talking points memo is the final 12 pages of the complaint be sure to read it now that you know the context.

  5. DR —

    Text of IL H Reps impeachment and IL Senate judgment re Blago ???

    ANY IL courts opinions on 1970 IL Const Article IV, Section 14 ???

    RE SOP – impeachment should END – part of the olde Brit regime.

    Crimes and torts by ALL hacks should get tried by juries – SAME as ordinary citizens.

    SCOTUS responsible for the ROT – due to their MONSTER *immunity* junk opins.

  6. @DR,

    SOP is Standard Operating Procedure or Separation Of Powers?

    “Impeachment should end.”

    Are you advocating for this change? The last three lines don’t make sense to me.

  7. @Jo,

    No one is saying that a pardon is a reversal of impeachment.

    Blagojevich is saying that he was denied due process in his Senate trial because he was not given access to exculpatory material.

  8. @DR,

    I suspect the federal court will dismiss the case, and will mumble that legislative impeachment and removal are political decisions and not judicial decisions.

    The court will fail to address the issue of whether preventing Blagojevich from seeking office disenfranchises voters who might vote for him. If it was indeed a political decision and not a judicial decision, then voters are being denied the right to vote because of a political vendetta.

  9. JR

    SOP = Separation Of Powers

    NOOO legis impeachments = violation of SOP

    – due to Brit history

    >>> purge of Brit regime top exec hacks when they screwed up in wars, domestic schemes, etc.

    END of *immunity* stuff in ALL 3 branches.

    A REAL Govt of LAWS — not of LAWLESS hacks.

    —–
    Majority Rule and SOP – 2 basic things barely holding Western Civilization together

    — against eastern BARBARIAN killer/enslaver monarchs/oligarchs.

  10. MODEL STATE CONST 5 JULY 2021
    Part

    Sec. 10. (1) The legislative, executive and judicial powers of the People, not retained by the People, are respectively in the elected state legislature and city councils, in the state and city elected executive officers (and executive officers appointed by 1 or more executive officers as provided by law or ordinance) and in the elected state courts: a Supreme Court, one Appeals Court (in 3 judge courts) and one State Court (in 1 judge courts).
    (2) Cities shall be the only local governments and have equal legislative and executive powers.
    (3) Any party in any civil or criminal case shall have the right of a trial by jury of 12 impartial Electors of whom 9 in civil cases and 10 in criminal cases may have a special or general verdict.

  11. If he wasn’t innocent, Trump wouldn’t have pardoned him. I have great faith in Trump.

  12. Exec pardons = one more violation of SOP —

    — due again to olde Brit system — Brit courts deemed part/arm of Brit monarchy.

    False evidence = illegal evidence — grounds for judic pardon.

    Legis can repeal any criminal law involved – olde repeal of booze laws, MJ laws, etc. >>> punishment ends for convicts.

  13. In 1993, the U.S. Supreme Court ruled in Nixon v. United States that the courts could not review the procedures by which the U.S. Senate tried a federal impeachment. (This case involved a Judge Walter Nixon who was impeached, not President Richard Nixon.)

    If the Federal courts can’t review the U.S. Senate’s procedures in a Federal impeachment, I don’t see how they could review a state senate’s procedures in a state impeachment.

    I suspect that the Illinois legislature will be able to have this case dismissed as non-justiciable.

  14. NO such thing as *non-justiciable* / aka political question

    — all nonsense stuff invented by judic party hacks.

    Every act/omission does/does NOT violate the LAW.

    Layers and layers of cult/superstition/stone age *thinking* about govt stuff.

  15. Florida Man: Blagojevich was caught on tape offering to sell an appointment to the US Senate to the highest bidder. He said selling the appointment was “golden”. Blagojevich was guilty beyond doubt.

    President Trump pardoned him because Blagojevich said nice things about Trump. President Trump will pardon anyone who flatters him. The more fauning and groveling one does toward Trump the higher in esteem does Trump feel toward the one doing the flattering.

    Also President Trump admired Blagojevich thinking he was above the law just as President Trump thinks Trump is above the law.

  16. Biden just unilaterally imposed an eviction moratorium even though he knows it was unconstitutional.

  17. Egyptian God: If it is unconstitutional then the Courts will say so.

    I am opposed to any eviction moratorium. I disagree with President Biden about this.

  18. Biden said it was unconstitutional but did it anyway. Trump never did anything like that. Biden truly believes he is above the law.

  19. Stock probably says this because he does not want squatters taking over the Motel 6 he works at because they would cause the motel to lose money and put him out if a job.

  20. Dennis: I also disagree with much of President Biden’s foreign policy.

    I think all US military bases throughout the world should be closed and all American military brought home to the US.

    I also think that NATO should be disbanded. NATO should have disbanded in 1990 when the Warsaw Pact disbanded.

    I like a lot of what President Biden does, but not everything.

  21. Bob (Will Klatt)’s trolling comment was meant to disrupt discussion on this site. Israeli counterintelligence in action.

  22. Egyptian God: It was impossible for President Trump to do anything that he thought was unconstitutional because President Trump has never known what is Constitutional to begin with. And he won’t give a damn if he ever does learn what the Constitution says.

    President Biden is doing the wrong thing about eviction moratoriums.

  23. Andy: I am not scared of Spanish speaking brown people like you are.

    If I ever do lose my job at the Motel 6 then I will be just fine.

  24. Biden doesn’t even know what the Constitution is. Then again, he barely knows who he is. Dementia is a bitch.

  25. Mr. Libertarian: no, that’s your comments. I think you’re more of a Republican though. Either way, there’s way too much partisan trolling here, especially by Republicans. I have been reading this site from the beginning and it really went downhill when you trolls started taking over comments last year.

  26. Steve: Biden does not have dementia. You Trump supporters have really embraced the Nazi play book. Repeat lies as loudly as possible no matter how outlandish.

    Now I am not calling you a Nazi. I am saying that you are using the same tactics that the Nazis used.

    You are just being manipulated by President Trump and his band of degenerates.

  27. Perhaps Biden has Alzheimers. It’s one or the other.

    The only Nazi here is Robert K Stock. He’s a communist just like they are.

  28. George: President Biden does not have Alzheimers, dementia, or anything similar.

    Call me whatever name you wish. People who read my comments can easily see through your nonsense.

    Lie as loudly as possible about me, President Biden, or the 2020 election. It won’t work.

  29. Stock probably has dementia just like Biden. Stock is a Nazi loving George Soros worshiping Satanic communist. People know the real you, and your trolling.

  30. Biden doesn’t even know how many people have been “vaccinated”. 350 million Americans? How is that even possible? Dementia screws up numbers apparently. You know, the thing.

  31. Biden can’t stop sniffing little girls’ hair. I hope he is never left alone with any little girls. He’s a dirty old man. And what is his weird obsession about sucking the blood of children? He keeps bringing that one up. And they send him notes to wipe his chin and then he eats it? The Democrats have turned the White House into an assisted living facility.

  32. @Joshua K,

    Thanks on ‘Nixon v United States’. The Illinois Constitution is almost identical to the US Constitution, particularly with regard to the points the SCOTUS found salient in ‘Nixon’. The only difference that I see is that in Illinois, senators are under oath “to do justice according to law.” That is pretty thin gruel for a federal court to determine that a state legislative impeachment is a judicial proceeding.

    Blagojevich’s claim is that the sealing of the federal phone recordings denied him of his right to a fair trial because it prevented his presentation of exculpatory evidence. Because he was pardoned in the federal case, could he seek review of those sealed records? Or would a court determine that it didn’t matter now?

  33. @DR,

    Are you suggesting that the justices of the Supreme Court be impeached for inventing the doctrine of non-justiciability?

  34. @Robert K Stock,

    The 7th Circuit reversed the conviction on charges of “selling the Senate seat”

  35. Too many reasons to count to *impeach* SCOTUS partisan hacks since 1789.

    ALL part of the rotted to the core ANTI-Democracy minority rule gerrymander monarchy / oligarchy in the USA regime –‘

    copying much of the Brit FATAL ROT/tyranny into the States / USA regimes in 1776-1789.

    RESULT – slow motion Civil W-A-R II since the 2016 gerrymander election.
    —-
    PR
    APPV
    TOTSOP — NOOO *impeachments* / exec vetoes / exec pardons / etc.

  36. Jim Riley: The 7th Circuit reversed 5 of the 18 counts. A direct quote from that decision, “The evidence, most of it from Blagojevichi’s own mouth, is overwhelming”.

    Because the 7th Circuit thought that the Judge’s instructions to the jury were unclear it decided that Blagojevich should be resentenced to a lesser time in prison. That is not exonerating an innocent man.

    Five counts reversed 13 upheld.

  37. @Joshua K,

    If impeachment and trial by the senate is NOT a judicial proceeding, can a state bar a convicted public official from running for office?

    If a person is convicted of a felony, a state may bar him from running for office. But if Blagovich’s conviction was a political decision is that applicable.

    If it was believed that Blagojevich had engaged in bribery, was he not entitled to a judicial trial just like any other person?

  38. @Robert K Stock,

    One of five counts that was reversed was that Blagojevich had sold the Senate seat. You claimed that he was guilty beyond a reasonable doubt.

  39. @DR,

    What procedure do you propose to remedy the faults that you have identified?

  40. Jim Riley: And I still say so even though the conviction was reversed. It was reversed because of the Judge’s unclear instructions to the jury not because he was innocent of the charge.

  41. Jim Riley: I served on a jury in Weatherford Texas in the late 1980s. A lady was arrested for DUI and assaulting police officers.

    The first witness for the prosecution was the arresting officer. He testified as to which street she arrested on. It was a few feet from an intersection and the police officer wrote down the wrong street in his arrest report.

    The Judge stopped the trial as soon as he heard that the wrong street was on the arrest report. He dismissed the charges, set the lady free, and sent the jury home without us ever deliberating.

    She was sent home scott free because of a technicality, not because she was innocent. From the prosecution opening statement we learned there was a blood test proving alcohol content and video of her hitting police officers at the Parker County jail.

    That is what happened to Blagojevich. Five charges were reversed on a technicality, not because he was innocent. He was still guilty beyond a doubt.

  42. No he is not. TRUMP pardoned him, which absolves him of any guilt. That means he should get a clean slate and full legal rights, including the right to run for office. I would certainly vote for him if I could, because he has been blessed by Mr. President Trump , our one true President and Leader and my God Emperor.

  43. @Robert K Stock,

    The quote “the evidence, most of it from Blagojevich’s own mouth is overwhelming” was specifically to the 13 counts that were not reversed.

    Had the trial judge not given the jury incorrect instructions, they might not have convictec him on the Senate charge. The other 4 charges were reversed for reasons other than the judges instructions. The jury might well have had a reasonable doubt.

    Blagojevich could have been retried on the Senate charge but they did not. Remember that Blagojevich had already been tried twice (in the first trial the jury had deadlocked on 17 charges).

  44. JR ASKED-

    What procedure do you propose to remedy the faults that you have identified?
    —-

    T-O-T-A-L SEPARATION OF POWERS.

    SIMPLE LAW –

    ANY PUBLIC OFFICIAL WHO EXCEEDS THE POWERS OF HIS/HER OFFICE SHALL BE A CLASS A/B/C … X/Y/Z CRIMINAL / TORTER.

    >>> CRIMINAL/ CIVIL TRIALS.

    SOME STATES HAVE ALL SORTS OF MAL-FEASANCE, MIS-FEASANCE, NON-FEASANCE CONSTITUTIONAL/LAW SECTIONS

    — ESP ABOUT DIRECT/INDIRECT USE OF ILLEGAL FORCE.
    ********
    Truth Be Told —

    FEDERAL VS STATE CHARGES/CRIMES >>> MUST LOOK AT INDICTMENTS / INFORMATIONS AND COURT JUDGMENTS.

  45. The above comment is not from Demo Rep. It is from an imposter named Will Klatt who is likely a counterintelligence agent for Israel. Third party and independent candidates present the largest threat to the two party Zionist duopoly. They are trying to destroy discussion on this site. Pay attention.

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