The growing field of 2010 Illinois governor aspirants, with the exception of Lt. Gov. Pat Quinn, have a common motto: “I don’t like Mike” – as in Illinois House Speaker Mike Madigan. All the candidates want to be the ultimate “tumor remover,” and they don’t want Madigan to impeach Democratic Gov. Rod Blagojevich before they get their chance to defeat him.
A recent memorandum concerning the possible impeachment of Blagojevich, prepared by the legislative staff of Madigan, stated that “criminal activity” in the Blagojevich Administration has been “proven” and is now a “tumor” on the state’s body politic.
Madigan’s memo further argued that impeachment is feasible, for three reasons:
First, that the ongoing federal investigation into alleged bribes-for-jobs, involving Blagojevich, his wife, and his campaign committee, has “impaired” his ability to govern. The recent plea of Ali Ata, who gave Blagojevich $125,000 in campaign contributions, and got a $127,000-a-year state job, “directly implicates” the governor, the memo said, adding that “(Blagojevich) is not an innocent victim of circumstances.”
Second, that Blagojevich has “violated his oath of office” by “operating outside the law and the Illinois Constitution.” The memo cites the governor’s role in the legislature’s appropriation process, which is restricted to vetoes or line-item vetoes. Instead, the governor, by executive order, expanded funding for FamilyCare, and “swept” legislatively-earmarked funds, and spent them. Also, he failed to comply with subpoenas.
And third, that Blagojevich has “withdrawn” from the legislative process, and is “hunkered down” and “hiding” from the public.
Are these impeachable offenses?
“We have no proof yet that the governor committed a criminal offense,” said State Sen. Ira Silverstein (D-8). “He won’t be impeached. It’s simply a threat (by Madigan) to get his way.”
The U.S. Constitution, in Article II, Section 4, specifies that federal officials may be impeached for “treason, bribery, or other high crimes and misdemeanors.” The Illinois Constitution, however, is quite vague. Under Article IV, Section 14, the Illinois House is accorded the sole power to “conduct an investigation to determine the existence of cause for impeachment.” Exact impeachable offenses are not stipulated.
The only guidance, should Blagojevich be investigated, is found in Article V, Section 8, which states that the governor shall “have supreme executive power” and “shall be responsible for the faithful execution of the laws.”
Hence, should a House investigative committee find that Blagojevich has failed to faithfully execute the laws, and cite specific statutes, then impeachment is a possibility. It would require a majority vote of the House, where Democrats hold a 67–51 majority, and then a trial, presided over by Republican State Supreme Court Chief Justice Bob Thomas, in the Illinois Senate, where Democrats have a 37–22 majority. Two-thirds of the 59 senators, or 39, are needed for impeachment—which would require all 22 Republicans and 17 of 37 Democrats. “As of now,” said Silverstein, “that won’t happen.”
In the House, with 118 members, it would take 60 votes to impeach – a simple majority. If all 67 Democrats, many derisively referred to as “Madigan Monkeys,” voted to impeach, it would be a done deal. If the 51 Republicans, plus nine Democrats, voted to impeach, it would be a done deal. Besides, why would any state representative want to go on record as opposing the removal of a governor who had a 54 percent disapproval rating, according to an April IPSOS-Public Affairs poll, and a 64 percent disapproval rating, according to a May Glengariff poll?
Yet, on Tom Roeser’s WLS-Am (890) radio program on which I was a participant recently, State Rep. Jack Franks (D-63), of McHenry, a Madigan ally and fierce critic of Blagojevich, whom he calls a “congenital liar,” said that he expects House Republicans, led by Tom Cross, to “do their utmost” to block or delay impeachment. Franks, who is pondering a run for governor in 2010, stopped short of calling Cross a Blagojevich apologist or covert ally, but he noted that Cross is working with the governor and Senate President Emil Jones, a Blagojevich ally, to pass the $34 billion capital plan (which Madigan opposes), and that the governor vetoed in 2007 all the spending – called “member initiatives” – in the districts of the 67 Democratic representatives, but not in the districts of the 51 Republicans.
Added Franks: “He (Cross), like Blagojevich, is concerned about the origin of the memo, not the content.”
“That’s just absurd,” said David Dring, press spokesman for Cross and the House minority. “If they (the Democrats) want to do it (impeach), they have to votes to do it. It is our position that we (House Republicans) are willing to participate in the (impeachment) process, and we will analyze the evidence.” As to the memo, Dring said that it “encouraged” Democratic House members “to lie” – to say that impeachment was the “right thing to do,” to state that impeachment was their idea, not the speaker’s, and to “ignore” Lisa Madigan, the speaker’s daughter, state attorney general, and likely governor candidate in 2010.
According to Franks, a bill of impeachment could be introduced by any member at any time, and would be referred to the committee of the speaker’s choice, such as judiciary or, more likely, to state government administration, which is chaired by Franks. Once the committee conducts the “investigation” and passes the bill, then Madigan calls a special session to vote on the measure.
Dring disagrees, citing a 1997 precedent, when the Illinois House passed HR 89 to establish a “special investigative committee” to consider the impeachment of Supreme Court Justice James Heiple, who had been arrested for drunk driving, and tried to use his position to intimidate the arresting officer. The bill created a committee of ten, with five each appointed by (and including) the speaker and minority leader, who were co-chairs; the committee then adopts rules, has full subpoena power, and sends a report and recommendation to the full House. The 1997 committee never made a recommendation on Heiple, who retired in 2000.
Dring said that the House Republicans will insist on a Heiple-like committee for gubernatorial impeachment.
In reality, the legislative players are being disingenuous, and the posturing about procedure is subterfuge. Nobody really wants to impeach Blagojevich.
From a Democratic – or Mike Madigan – perspective, a Bill of Impeachment is a splendid way to inoculate Democratic representatives from a voter backlash against pervasive state corruption. By supporting impeachment, they can claim that they voted for “tumor removal.” Madigan’s goal is to get his majority through 2008 intact, and hopefully increase it.
Unless Blagojevich is indicted, and maybe even not then, the Senate will not vote to impeach
That satisfies the speaker’s second goal – namely: a clear path for Lisa Madigan’s nomination in 2010. If Blagojevich is impeached in 2008 or 2009, or if he is convicted, removed, and/or resigns prior to the March 2010 Democratic primary, then Lieutenant Governor Pat Quinn assumes his job. As an incumbent, ardent reformer Quinn would be much tougher for Lisa Madigan to beat. If Blagojevich is still governor in 2010, and is running for re-nomination, then Madigan could run as the anti-Blagojevich candidate. She could make the primary a referendum on the governor, with herself as the alternative, marginalizing Quinn.
If Quinn is governor, or it’s a one-on-one Quinn-Madigan primary, she would have to find another theme, and Quinn would persuasively blast the father-daughter team as concentrating too much power in one family.
The Madigans want the “tumor” to remain alive, growing and malignant until 2010.
Also mentioned for governor is 2002 loser Paul Vallas, most recently school superintendent in Philadelphia, State Comptroller Tom Hynes, and Franks. In either a three- or four-way race – Quinn-Madigan-Blagojevich-Vallas or Quinn-Madigan-Vallas – Vallas loses, and he takes enough votes from Quinn to nominate Madigan. Hynes will likely run for Madigan’s job as attorney general. And Franks will opt for either lieutenant governor or comptroller.
Republicans, likewise, want to see Blagojevich twist in the wind for a while. Having been discredited because their own governor (George Ryan) was indicted and convicted, Republicans want to see a bit of slime and shame attach to the Democrats. Unlike the Democrats, however, Republicans don’t have a throw-momma-under-the-bus mentality. They refused to consider impeaching Ryan back in 2001, when it would have distanced their party from the governor. Even now, with George Bush’s massive unpopularity, Republicans timidly refuse to utter criticism.
The Republicans’ best-case scenario would be a 2009 indictment of the governor, a Nixonian “I-am-not-crook” posture by Blagojevich, a trial sometime in 2010, after the primary, and re-election campaign by the obdurate incumbent. That would mean a nasty and expensive three-way Democratic primary between Blagojevich, Madigan and Quinn, in which the latter two would furiously compete for the “reform” mantle, and excoriate the governor. If Quinn won, the speaker would sulk. If Madigan won, the Republicans would parrot Quinn’s attacks on dad and daughter.
And, if Blagojevich was convicted sometime in 2010, after a long and well-publicized trial, then it could be a perfect storm, enabling any credible Republican to win the governorship.
The Republican field may include Cross, State Sen. Bill Brady (R-44), business mogul Ron Gidwitz, DuPage County State’s Attorney Joe Birkett, and State Sen. Christine Radogno (R-41). Brady got 18.4% and Gidwitz 10.9% in the 2006 primary; Birkett has run twice statewide, and has high name ID. Radogno could benefit as the only woman. The largely unknown Cross could use impeachment to break out of the pack. The most active candidates, to date, have been Brady and Gidwitz.
But this is certain: Impeachment is a perfectly good idea, but a perfectly bad option for everybody, excepting Quinn, who wants to be governor. It won’t happen here.
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Russ Stewart, an attorney, is a regular columnist for The Chicago Daily Observer.