Illinois Supreme Court: Motion Denied

As I had hoped, the Illinois Supreme Court has denied the request for relief filed by Illinois Attorney General Lisa Madigan, and they will not be hearing any argument on the question of whether the Governor is too "disabled" to continue to serve.  The Court didn't even wait for the Governor to file a response, and provided no reasoning accompanying its orders.

You can find the motions, as well as the Court's orders, on the Illinois Supreme Court website.

If Blagojevich is to be removed from office, it's going to be by impeachment and conviction by the legislature, which is how it should be.  That process began yesterday, but it's already hit a few bumps, primarily the concern that granting immunity to witnesses for an impeachment inquiry may screw up Fitzgerald's criminal case:

Blagojevich has not yet been indicted in the criminal investigation, and some experts say the inquiry might create problems for federal prosecutors' criminal proceedings against Blagojevich, if witnesses are compelled to testify and are granted immunity.

"If you grant people immunity, you can really screw up investigations," said Ronald Allen, a professor of law at Northwestern, pointing to the case of Oliver North, whose conviction in the Iran-contra affair was thrown out because of immunity granted during congressional hearings. Professor Allen said most at risk were potential cases against people who were involved but have not yet been charged.

The impeachment committee, chaired by longtime St. Rep. Barbara Flynn Currie (D-Hyde Park), promises to be deliberate:

But members of the committee, which will make a recommendation on impeachment to the full House, said they will not rush to judgment.

"Let us remember that we're not Alice in Wonderland. We're not the Red Queen. We do not sentence first and then do the verdict," said the chairwoman, Rep. Barbara Flynn Currie, a Democrat from Chicago.

It wasn't clear Tuesday how many witnesses would be called to testify before the committee. But at least one name became public: Terry Mutchler, formerly an expert on public information disputes for the Illinois attorney general. She planned to testify Thursday about "dozens of incidents" in which Blagojevich aides withheld records that should have been public.

Also, the Illinois State Senate adjourned yesterday without considering a bill on holding a special election to fill the vacancy.