tag:blogger.com,1999:blog-1522121129844880066.post5212734381123059121..comments2023-10-24T11:23:31.580-04:00Comments on Le·gal In·sur·rec·tion: Blagojevich Trial Day 2: The Gun That Didn't SmokeWilliam A. Jacobsonhttp://www.blogger.com/profile/16433685588536441422noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-1522121129844880066.post-64124433744273579392009-01-28T23:06:00.000-05:002009-01-28T23:06:00.000-05:00I think you're overall analysis is correct and tha...I think you're overall analysis is correct and that the impeachment trial does not comport with the Illinois Constitution. As someone who voted against Gov. Blagojevich in the 2002 primary and the 2006 general election, I am far from a supporter. But the voters are to blame for this. The lack of a recall provision - which the State Senate is largely responsible for failing to enact - has led to this boondoggle.<BR/><BR/>In terms of the Constitution, I think one of the real problems is that the Senators, who sit in judgment much like a jury (or judge as trier of fact), are legally bound to do justice "according to law." The same phrase appears at the end of Section 14, which provides that an impeached officer is liable to subsequent prosecution and punishment "according to law." Canons of construction lead one to believe that phrase must mean the same thing.<BR/><BR/>I don't see how a Senator can vote to convict "according to law" if the underlying article of impeachment is based on criminal activity for which the Governor enjoys the presumption of innocence. Even so, the so-called criminal activity is not part of an indictment, but rather a complaint.<BR/><BR/>I think the Senate will have a big problem if Blagojevich is later acquitted of the charges found in the complaint. I have not given thought to what, if any, potential remedies he might have. However, the grounds for conviction very possibly could be proven insubstantial in a court of law.<BR/><BR/>This is somewhat akin to the Impeachment of Andrew Johnson, when the Tenure of Office Act (his purported violation of which led to impeachment) was later found to be unconstitutional, I believe on separation of powers grounds.<BR/><BR/>If the House had chosen to impeach Blagojevich on some narrow political grounds (in this commenter's mind - long before his arrest), then I don't think Blagojevich would have the same complaint. However, the House clearly chose to base the impeachment on criminal conduct not yet proven or heard in a court of law.Reverend S. Twinehttps://www.blogger.com/profile/11808217311727599371noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-70248330350064986032009-01-28T19:51:00.000-05:002009-01-28T19:51:00.000-05:00I wonder how the D of J Office of Professional Res...I wonder how the D of J Office of Professional Responsibility could condone Fitzgerald's close workings with the impeachment gang. It seems to me unseemly for him to be paying such an extensive role in this. Indeed, I think anything except a request by him not to proceed until a criminal charge is filed and thereafter not to interfere with the prosecution of that case seem all that is ethically permissible.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-57193726260531285712009-01-28T15:33:00.000-05:002009-01-28T15:33:00.000-05:00Some other problems with impeachment, from a liber...Some other problems with impeachment, from a libertarian perspective, are posted here: http://blog.mises.org/archives/009324.asp<BR/>http://blog.mises.org/archives/009194.asp<BR/>http://blog.mises.org/archives/009217.aspWilliam A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-76760350057599609042009-01-28T14:57:00.000-05:002009-01-28T14:57:00.000-05:00I have updated the link to the transcript referenc...I have updated the link to the transcript referenced in the post. The original link was to the proposed transcript posted by the Senate early today. That link went dead when the final approved transcript was posted, so now you have the live link.William A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-8590066341706285432009-01-28T12:28:00.000-05:002009-01-28T12:28:00.000-05:00The point that it is a "political" event is true, ...The point that it is a "political" event is true, but not what is required. The Illinois Constitution requires the Senators "to do justice according to law." So to the extent the Senators are doing only what is expedient politically, they are violating their oath. Also, the provisions in the Senate impeachment rules giving Fitzpatrick veto power over evidence violate the Illinois Constitution, see my post http://legalinsurrection.blogspot.com/2009/01/unjust-and-unconstitutional-trial-of.htmlWilliam A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-18969905473945356642009-01-28T12:27:00.000-05:002009-01-28T12:27:00.000-05:00Ya'know, this is a Political Impeachment, and they...Ya'know, this is a Political Impeachment, and they don't *have* to follow the Sixth ammendment, but I think it would be a good idea. After all, just because he's unpopular, and most probably guilty as heck, does not mean it is "right" to deny his Constitutional right to call witnesses and have access to the evidence against him.<BR/><BR/>Sixth Ammendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ... to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor... <BR/><BR/>So what if he cannot call his own witnesses, has a jury which may be involved in the accused crimes, and does not have access to the evidence (recordings) against him, it's not like the State is going to be able to do this to us. Yet.Georg Felishttps://www.blogger.com/profile/03550333227450728733noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-31017027606435290102009-01-28T12:10:00.000-05:002009-01-28T12:10:00.000-05:00So it looks like eventually Blago's sins will be n...So it looks like eventually Blago's sins will be nothing more than what is typical of your average Chicago pol - a bar set so low that only the snakes who govern us can crawl under it.Boydhttps://www.blogger.com/profile/08923956208093654911noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-51040284537766089182009-01-28T11:51:00.000-05:002009-01-28T11:51:00.000-05:00Oh, Blago smoked all right. He just hasn't exhale...Oh, Blago smoked all right. He just hasn't exhaled yet.Hucbaldhttps://www.blogger.com/profile/17111826753868595100noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-34045337569943899452009-01-28T11:35:00.000-05:002009-01-28T11:35:00.000-05:00I think your analysis of the evidence against Blag...I think your analysis of the evidence against Blago is correct. However, impeachment is not a criminal trial, it is a political event. Insofar as there is a trial at all, it is designed to give senators cover for voting to remove Blago from office.<BR/><BR/>Blago is probably not staying away from his defense because of the rules either. He is probably staying away to avoid making incriminating statements in response to tough questions. Thus he goes on the talk show circuit to apply political pressure directly to those senators. <BR/><BR/>It's clever, but it probably won't work : as Dave observes above, Blago is pretty well disliked all over Illinois.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-53964659849767295502009-01-28T10:49:00.000-05:002009-01-28T10:49:00.000-05:00Well, unfortunately for 'fairness' impeachment is ...Well, unfortunately for 'fairness' impeachment is a political trial, not a criminal nor civil trial.<BR/><BR/>Those doing the impeaching and trying will have to answer to the voters.<BR/><BR/>Had Blago not governed like (to the extent he could) a tin-pot dictator, he might have enough political capital to beat the impeachment as Clinton did.<BR/><BR/>Instead, he refused to stay in the Governor's mansion, spent millions flying back and forth from Chicago to Springfield, engaged in petty feuds with those who wouldn't suck up to him, violated the IL Constitution by at least trying to spend money not appropriated by the Legislature, and generally acted like a dick.<BR/><BR/>His popularity now is around 4%, which evidently consists of some of his family, those who never ever read a newspaper watch the news or talk to other citizens, and some patients in comas.<BR/><BR/>He has no one to blame but himself, but having what appears to be a giant case of narcissistic personality disorder he's going to blame everyone else in the world for his troubles.<BR/><BR/>Don't let the door hit you on the way out, Rod.JorgXMcKiehttps://www.blogger.com/profile/07509568525555189690noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-75885074918149100862009-01-28T10:16:00.000-05:002009-01-28T10:16:00.000-05:00Good for you. I think it past time that more atten...Good for you. I think it past time that more attention be paid to the jury propagandizing that Fitzpatrick relies on to make his cases.Anonymousnoreply@blogger.com