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Gensen needs a lot more straight talk without the legalese. He will need to be less combative. The more he fights, the angrier we will become. What Gensen needs to do right now is pacify those of us who want Blagojevich's head - to turn away emotion and cut the Governor some slack for now.
But Gensen isn't doing that. We don't want to hear him when he does this. He is like a fish out of water, trying to defend a shark cornered by a hateful crowd.
This is going to backfire by souring our moods further, and I expect the General Assembly will catch this mood and cut him off before they get hurt by it all.
I understand Gensen's line of thinking, what he's saying, what he's doing...but what I don't get is what is the Governor's angle in continuing to be the Governor of Illinois? If Bill won't support him as Governor, I can't imagine who will!
And if Gensen gets his hands on ANY public funds, OMG! THAT would be a new low for Illinois.
To me it seems Genson owns these proceedings. Why is this being allowed?
Gensen is talking smack.
If there's enough confusion around the idea of political versus legal, the air will deflate from the balloon. Blagojevich will go back to work -- in the real, "I'm back at work" sense -- and it really, truly, will be business as usual.
Insidious -- but clever and devastatingly effective.
Smile Illinois. We're a joke. And collectively (pointing at Chicago), we put him there...TWICE!
Some good might come out of this mess. Illinois finally gets an honest Governor-at least for a year.
This will simply illustrate the circus this matter is/will become.
It would be a travesty to require the taxpayers to pay to represent an individual who appears to be violating the public trust.
Enjoy the show.
--
Does he even understand what his histrionics imply with that claim?
Essentially, he wants to challenge the state's Constitution, which has been upheld by the voters twice since adoption in the 70s?
Good luck. Why would Federal courts even care what goes on in a state capitol between the Legislative and Executive branch? No Federal laws are being violated by these proceedings.
...And, no, it's not a witch hunt. It's a governor hunt, and more than 70% of the state has its dayglo orange camo on.
The victim frame could work.
1.) Show that you are polite, but will not be swayed by his arguments. Prevent him from driving the agenda. Recognize his arguments as antics to confuse and force debate. Do not bite at the comments he gives. Stay focused.
2.) Ask politely if he is finished whenever he finishes a point. This will confirm that you are listening, willing to hear him, yet recognizing how he is wasting time.
3.) He wants to trip up the committee with arguments and debates. Hold your breath, remember why you are there - and let him babble without taking the bait.
4.) Get the job done. The sooner this is out of your hands, the sooner Illinoians will return to supporting each of you politically. Sorry, but right now, a lot of people hate you for what you represent. Remove that stain!
The danger is that the media will go with Gensen's frame and completely confuse the public as to what the hearing and impeachment process is all about: determining if the Gov. has violated his oath and needs to be removed. Period. Edgar and Netch should be all over the news explaining that this is the recall provision of the State Constitution, not a trial.
While Genson, Blago Sphere and others are talking about the 6th and 14th amendments, they should remember to look at the 10th.
This is a state issue and state issue only. The feds really have no jurisdiction.
Right.
I'll give him bad advice then!
What Genson should do! ;)
1.)Demand that Illinoians pay you first to show their sincerity to impeach Blagojevich - "No cash up front - you people mock me!"
2.)Claim that Blagojevich has rights - "There is a huge asterisk at the bottom of the words to the swearing in ceremony. It claims that he's allowed to break at least two laws every year."
3.)Claim Blagojevich is insane - "My client has the mind of a small child, raised by wolves in Grant Park!"
4.)Claim double-jeopardy - "The Governor cannot be submitted to double-jeopardy without first completing the first round of questions. Alex Trebeck will be my first witness!"
5.)Don't change clothes, eat garlic and onions - "This committee stinks!"
6.)Make up words - "I declare this committee to be in violation of the YOUNPFOOT Conference of 1764! Damn your eyes!"
7.)Flatter the Committee - "Ms. Currie, you look like a spring flower in those mules! I'd swear they make you look twenty years younger!"
8.)Claim Obama knows everything - "I'd love to tell you the reasons Blagojevich said those things, but Barack made me promise..."
9.)Act stupid - "Huh? What? Can you repeat for me your question? I think I'm going deaf, and as incompetent as my client!
10.)Pay the off - "Listen friends, I'm sure you'd like to ask Santa for that special little something, right? My client has a direct line to the North Pole!"
Eddie Genson, con-con advocate. A difference of opinion here between him and his client, it seems.
Ask Blago, maybe he'd consider taking up his old job. He does need the money, after all.
By the way, did ya'll catch the exchange between Careen Gordon and Genson...
On his payment issue he has two problems.
Payment for representation flows from the State Employee indmenifaction act. The Act could allow for payment of fees if the AG refused to represent. First problem, the act only applies to represenation in Civil proceedings 5 ILCS 350/2. neither impeachment nor a criminal case is a civil proceeding. Second, even if the impeachment somehow was a civil proceeding, there is no duty to represent where the act or omission which gave rise to the claim was not within the scope of the employee's State employment or was intentional, wilful or wanton misconduct. This would pretty much cover all of the Gov's conduct.
I would suggest Genson buy a lottery ticket to cover his fees. Somone's going to win, and it might as well be him? besides he has a better chance of getting money that way.
"“I’m back at work†sense — and it really, truly, will be business as usual."
Yeah...gov goofy's staff has been saying it's: 'business as usual'. You'd think they MIGHT want to re-phrase that; apparently not.
Genson has no idea what venue he is in, what rules of evidence and applicability apply, or what the State Constitution has to say about removal of a state official from office.
His appearance before the Committee and before the press today was an embarassment.
Did anyone in the media ask Genson if he sees any conflict of interest representing Blagojevich when he is a Blagojevich appointee as an IHPA trustee? (And Blago's other lawyer Sorofsky was appointed by Blago to chair the Illinois Criminal Justice Information Authority) Is he collecting a paycheck from the state for that position? Any sort of reimbursement at all?
Heck, if the House wanted to they could try to bring Genson into the impeachment proceedings if the House wanted to explore the Crossland allegations about political firings at the IHPA since Genson is/was a named co-defendant on Crossland's civil suit along with Lon Monk, Julie Cellini and others when he claimed Monk forced the IHPA trustees to fire him for political reasons.
The law suit:
http://74.125.95.132/search?q=cache:Vx28ad-wu40...
The old story:
http://cbs2chicago.com/politics/Maynard.Crossla...
Of course that would undoubtedly embarrass Tom Holbrook so I doubt the House will willingly discuss this stuff but it sure would be interesting.
Will Carl Draper be a witness in these impeachment proceedings?
If I were a history or poly sci teacher, I'd be loving every minute of this.
ASking the citizens of Illinois to pay for his antics???
Maybe he's just as 'delusional' as GRod. Good Match.
SHEESH!
Genson is following the oldest lesson in lawyership: If you have the facts, argue the facts. If you have the law, argue the law. If neither the facts nor the law support you, argue real loud!
For the last time, the impeachment process is not about innocence or guilt. It is a political vote on whether or not to remove the governor from office. It has no bearing on the federal case against him. No one need argue whether he is guilty of anything. All that needs to occur is a vote on his removal from office. No cause, no recourse if it is "unfair." It's politics in its purest form.
No due process. No rights whatsoever. It is a straight up-or-down vote in both chambers, with 2/3 of the Senate required to vote for his removal.
Like the ridiculous special election bill, this circus in Springfield has been poorly managed from its late inception. Call the question already and get this to the Senate.
Whether the impeachment process is civil. criminal, or political, I don't think its a far stretch for the Governor to expect and ask for due process. It might be hard to argue that a paid public official doesn't have a property interest in their job.
If Genson can convince the world of Law and Order watchers that certain minimum stsndards must be met, then he will have changed the question that is beibg debated.
For all you "hurry up and hang him" advocates, I suspect thie is exactly why Madigan is being so careful. With no strict rules for how it should be done, do it carefully, methidically and fairly.
Forget about the concrete magnate's cooperation, Rezko's cooperation, Kelley's change of heart and all the folks who are coming forward to talk to the feds. Rod's been railroaded, he's still the guy, his field operation is still better than anyone elses and he's 2for2!
At least, that's what seemed to be circulating among his folks today. Hoffman and Brandon Phelps may even recant their calls for him to resign! Just you watch :)
We've been saying that impeachment is political, not judicial. That's ture, but it's probably better to think of it as a legislative matter. There's very little due process in legislative matters -- the GA does not have to notify every affected party before it passes a law, for example.
As a result, I don't think that a federal court would even consider intervening in this impeachment, especially for the reasons Genson claims. Federal courts strike down state laws all the time, but that's based on the substance of the law, not the process. For most part, courts will not review legislative procedure. And the questions raised by Genson are all about procedure.
You are, as usual, right on the money. And Anon -
to quote our fearless leader, RM, "Bite (us all)."
Any lawyer familiar with the federal 7th Circuit knows Genson is either ignorant about them or bluffing.
Further, the removal from office is not the same as a criminal conviction. It is more akin to an employer firing an employee. Although a governor has more rights to his employment than an ordinary employee (Illinois is an at-will employment state), he does not have a right to that employment that is supported by a particular legal standard of proof. The evidence merely has to satisfy the senate that it is sufficient to convict, once the House files articles of impeachment.
There is no way that a federal court will stop the impeachment process in order to protect Blago. This would border on the frivolous, and Genson should use caution before filing such a motion in federal court.
Its not about procedure, or how BFC showed Genson how she can run a committee with a iron fist. Its about calling into question the fairness of the process for all to see. Today is the beginning of the deceleration of this whole thing. For those of you who think that we will ring in the new year with Governor Quinn, I suggest that you temper your expectations.
Well...
We can agree on that.
The IL Const. is a floater (and not a Baby Ruth floater either)
I believe it is legally possible for a State Constitution to be unconstitutional under the U S Constitution. Therefore, federal courts could have jurisdiction.
Nothing would be more delicious than a "Federally Mandated Constitutional Convention."
Call it the "Banana Republic Exception."
I agree with Blagojevich on almost nothing. But if, through some fluke of partial credit and genetic mutation, he brought down this awful Constitution, he will have performed a service for mankind. (not to mention Illinois)
I'm glad I don't cover courts any more. You've never seen such scenery-chewing bad acting as you do with an unprepared lawyer or one who doesn't have a case. Even in bench trials.
Is there a Bad Acting Class in law school?
Told ya. I asked this question repeatedly last week and if it was answered, I was called stupid.
Although the theory has no legal support or good faith rational, I will leave it to you to select the adjective to describe the point.
" . . . impeachment is simply the process by which the individual can be charged with an offence - they are innocent until proven guilty. And it also doesn't mean that they will be removed from office. It simply means that they will face a formal trial in the Senate.
Impeachment proceedings can be brought for any offence - there is no requirement in the Constitution that it can only be for "treason, bribery, or other high crimes and misdemeanors"; these are merely the circumstances under which removal from office is obligatory - although, because the process is so cumbersome and time-consuming, it is rarely used and is limited to "treason, bribery, or other high crimes and misdemeanors".
The whole business of impeachment gave those writing the Constitution no end of headaches. There was a strong voice saying that it was unwise to allow the President to be impeached, because it would make him too dependent on the (partisan) legislature, particularly as, at that time, they were the people that elected him in the first place. But Benjamin Franklin disagreed, suggesting that impeachment was better than the alternative - assassination! His view prevailed, although they further struggled over the wording of the conditions for removal from office - in the first draft, it was "neglect of duty, bribery, maladministration and corruption"."
If MJM thought he had a choice on this matter then he's incredibly foolish.