CapitolFax.com - Latest Comments in Ed Genson press conference

Re: Ed Genson press conference

Lurker — Thu, 18 Dec 2008 10:06:37 -0000

GirlFriday: Sorosky is an unpaid appointee of the Illinois Criminal Justice Information Authority board. He's the chairman. All board members are unpaid. Ironically, the previous chairman Peter Bensinger got $25k for the position but when blago took office, he eliminated the funding.

Re: Ed Genson press conference

Gabriel — Thu, 18 Dec 2008 09:51:30 -0000

==MJM is not the sort to make impulsive decisions and welcome a broad range of outsider opinions on how the Illinois House should conduct its business.==

If MJM thought he had a choice on this matter then he's incredibly foolish.

Re: Ed Genson press conference

Captain Flume — Thu, 18 Dec 2008 09:50:23 -0000

I found this on a website concerning the U.S. Constitution on impeachment (note the last sentence):

" . . . 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"."

Re: Ed Genson press conference

Quizzical — Thu, 18 Dec 2008 09:43:47 -0000

Honest Abe, if Genson were looking to drag this thing out, I think his strategy may backfire. MJM is not the sort to make impulsive decisions and welcome a broad range of outsider opinions on how the Illinois House should conduct its business. Among the legislators there is a similar distaste for lectures by outsiders, especially lectures that suggest serious wrongdoing on behalf of those who want impeachment. The articles will be in the Senate by Christmas.

Re: Ed Genson press conference

Ghost — Thu, 18 Dec 2008 09:35:31 -0000

Nick, I answered this question earlier in the thread withotu cast aspursions on you.

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.

Re: Ed Genson press conference

Maggie — Thu, 18 Dec 2008 09:34:08 -0000

Why is Rod fighting this. I thought he wanted out ?

Re: Ed Genson press conference

Honest Abe — Thu, 18 Dec 2008 09:31:55 -0000

I think Genson knows he is going to lose the impeachment, his goal is probably to drag it out as long as he can to allow Rod to draw pay as long as he can and to raise enough dust to cast a taint on the fairness of the jury when the REAL trial comes about and Rod's freedom is on the line instead of just his job.

Re: Ed Genson press conference

Nick Ponton — Thu, 18 Dec 2008 02:53:42 -0000

"Genson on why he is asking for a state subsidy: He is entitled to be represented by the attorny generalâ€

Told ya. I asked this question repeatedly last week and if it was answered, I was called stupid.

Re: Ed Genson press conference

Jechislo — Thu, 18 Dec 2008 01:38:11 -0000

Thank you to Emil Jones for not letting the bill come to a vote so the citizens of Illinois could have recalled a louse like Rod on their own. We, the citizens, could have thrown this rat out without the legislature becoming involved. God, I feel like throwing up. I've lived in Illinois for over 50 years. I really don't like being here anymore.

Re: Ed Genson press conference

wordslinger — Wed, 17 Dec 2008 23:58:47 -0000

Genson's just winging it and playing for the cameras to sway public opinion (good luck with that) and potential future clients (free advertising).

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?

Re: Ed Genson press conference

Gabriel — Wed, 17 Dec 2008 23:52:45 -0000

Genson stands to lose a good portion of money if he cannot protect Governor Blagojevich's job. Expect a fight.

Re: Ed Genson press conference

Bruno_Behrend — Wed, 17 Dec 2008 23:38:56 -0000

OMG!!! Bruno Behrend and Steve Schnorf agree on something!!!

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)

Re: Ed Genson press conference

Bruno_Behrend — Wed, 17 Dec 2008 23:29:25 -0000

"The constitution, the laws are lacking"

Well...

We can agree on that.

The IL Const. is a floater (and not a Baby Ruth floater either)

Re: Ed Genson press conference

anon — Wed, 17 Dec 2008 22:48:13 -0000

47th ward -- i want to say that you made my point, but, stopping short, i'll say that you missed my point. I dont disagree with your points. This isnt a court of law. However, Genson just began to try this in the court of public perception. The governor has been getting pummeled for 8 days. People know that there are two sides to every story, but its hard to remember that when you are being force fed one side without balance.

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.

Re: Ed Genson press conference

Cowgirl — Wed, 17 Dec 2008 21:15:31 -0000

There is no requirement anywhere that impeachments be upheld by a standard of proof of beyond a reasonable doubt (the criminal standard), nor even by clear and convincing evidence. Most constitutions do not specify a burden of proof standard.

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.

Re: Ed Genson press conference

Anonymous — Wed, 17 Dec 2008 21:13:48 -0000

I hope Genson does go to federal court, and the case gets appealed. I would love to see what Easterbrook or Posner would do to him.

Any lawyer familiar with the federal 7th Circuit knows Genson is either ignorant about them or bluffing.

Re: Ed Genson press conference

Disgusted — Wed, 17 Dec 2008 21:07:58 -0000

VM - Please, PLEASE, send a copy of your recommendations to the members of the committee.
You are, as usual, right on the money. And Anon -
to quote our fearless leader, RM, "Bite (us all)."

Re: Ed Genson press conference

the Other Anonymous — Wed, 17 Dec 2008 20:54:07 -0000

Steve Schnorf is right that the US Constitution, with its due process clause, can trump state constitutions. However, it's important to identify what process is due for impeachment.

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.

Re: Ed Genson press conference

Big Mama T — Wed, 17 Dec 2008 20:24:07 -0000

People seem to forget that Rod has pulled a number of illegal actions for which he could have been impeached. Remember his expansion of health care, making up his own procedures regarding legislation telling JCAR to stuff it, etc., etc. If you think that this impeachment will be only about what he was arrested for think again.

Re: Ed Genson press conference

Sbear — Wed, 17 Dec 2008 20:14:40 -0000

My comment comes in the form of a question to the Governor's attorney: During the press conference Atty. Genson stated, that a number of snippets of conversation over several months shouldn't be enough to offer an impeachment hearing. Atty Genson, please tell us then how many actions recorded that reflect inappropriate conversation and/or possible misdeads/actions should the citizens of Illinois need to be subjected to....hundreds, thousands, how many, before such action is warranted. My opionion is that any one of the actions that we have been provided with regarding the Governors own recorded words should be enough to warrant further review. Simply because the Governor hasn't been brought to impeachment status in the past, doesn't mean his actions didn't earn it...only that the Legislators were in fact attempting to do their duties correctly, ethically, and as responsible citizens and politicians themselves. Please try to remember Atty. Genson,you are not in a court of law and grandstanding and pontificating before the committee will not sway them in carrying out the duty set before them. As a final note, no Atty. Genson, I do not believe that the citizens of Illinois should have to pay you to represent the Governor, as you have said this is going to be "fun" the representing of the Governor....great, enjoy yourself, but not on our dime...do it pro bono and have all the "fun" you want. With the financial situation the the State of Illinois currently finds itself in...closing historic sites and State parks...of which tourism is the number 2 income revenue generator...I feel that the citizens of Illinois have been abused enough.

Re: Ed Genson press conference

Ms Port Belly Mushroom — Wed, 17 Dec 2008 19:50:01 -0000

They are going to hand this issue to the Senate and the Senate will try it, Genson or not. In the meantime, as Sal said, agency directors and the Rod regulars are starting to get a second wind. Rod, after all, is going to win this and they'll make everyone pay for this PR lynching.

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 :)

Re: Ed Genson press conference

Budget Watcher — Wed, 17 Dec 2008 19:13:36 -0000

The outcome of the House Impeachment hearings was decided well before the committee was even formed. Ed Genson knew this before he came to Springfield. His strategy is not to prevail in this matter, but rather to illustrate the lack of fairness of the House process despite his best efforts. I'm amused by the commentators who want to give him strategic advice on how to better win over the committee. He doesn't expect to win. Instead he expects to be repeatedly rebuffed. "Witch Hunt", "Kangaroo Court", "farce", etc....he'll use whatever rhetoric he can to swing public sentiment a little back in the Governor's favor. The real impeachment trial will be in the Senate and he's laying a foundation to improve his chances in that chamber.

Re: Ed Genson press conference

steve schnorf — Wed, 17 Dec 2008 19:13:05 -0000

I believe it is legally possible for a State Constitution to be unconstitutional under the U S Constitution. Therefore, federal courts could have jurisdiction.

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.

Re: Ed Genson press conference

Big Mama T — Wed, 17 Dec 2008 18:54:37 -0000

All of this is just fine with me. The more Blago and Gensen try to smear the Fed's it just may make Fitz a bit more zealous when bringing up future charges. Even if this episode goes away for Rod, which it won't, there are still 4-5 years of other stuff the Fed's are working on. I would not want a PO'ed, energized Fitz gunning for my behind.

Re: Ed Genson press conference

Pot calling kettle — Wed, 17 Dec 2008 18:20:14 -0000

If Blago appointed Gensen to a board, did he give the standard $25K or was that waived in lieu of future representation? If the latter, Rod has already blown through the $25K, thus Gensen has to ask the state to pony up.