For more information, please contact:
Gwen Osborne, director of public affairs, (312) 906-5251
ADVISORY TO PRODUCERS, COLUMNISTS, AND ASSIGNMENT, LEGAL, BUSINESS, POLITICAL, STATE, SPORTS, PLANNING, CITY DESK, FEATURES AND DAYBOOK EDITORS
CHICAGO–December 15, 2008–Chicago-Kent College of Law and Stuart School of Business have experts available to discuss current issues. To reach experts on IIT’s Downtown Campus, please call Gwen Osborne, director of public affairs, (312) 906-5251. Press releases and earlier advisories are available on our Web site: www.kentlaw.edu/news/advisory.
Illinois governor Rod Blagojevich and his chief of staff, John Harris, were arrested last week on federal corruption charges. The governor is accused of--among other things--conspiring to "sell" the U.S. Senate appointment for the seat vacated by President-elect Barack Obama, "engaging in ‘pay-to-play’ schemes," and threatening to withhold state assistance to the Tribune Company for Wrigley Field unless certain Chicago Tribune editorial writers were fired. Chicago-Kent experts are available for interviews on a variety of topics.
- Attorney General Lisa Madigan last week asked the Illinois Supreme Court to remove Gov. Blagojevich from office indefinitely, asserting that the governor suffers from a "disability" that precludes him from serving. Chicago-Kent Dean Harold J. Krent says if the Supreme Court removes the governor from office, "long-term damage to our system of governance" may result. He says, "We all hope that there will be governors untouched by hint of scandal in the coming years who need to exercise executive powers vigorously without concern for the political views of members of the Supreme Court." Dean Krent is available about the possible impact of the attorney general’s action on the separation of powers in Illinois.
- The Illinois House Monday voted 113-0 to begin an impeachment investigation of Gov. Blagojevich. House Speaker Michael Madigan has appointed a special committee to determine whether the governor should be impeached. The committee will "proceed in all due speed" to complete its review and make its recommendation to the full House. If the House votes to impeach the governor, the case against him would then be sent to the Senate. Professor Mark D. Rosen, an expert in state and local law, is available for interviews about the impeachment process, Illinois Supreme Court Rule 382(a) on which Attorney General Madigan is basing her case for the removal of the governor, and provisions in the Illinois Constitution related to succession of the governor.
- The 17th Amendment to the U.S. Constitution gives Gov. Rod Blagojevich the power to appoint a temporary successor to President-elect Obama "until the people fill the vacancies by election as the legislature may direct." Dean Harold J. Krent is available for interviews about the 17th Amendment and calls for a special election to fill the Obama vacancy.
- $$$, Lies and Audiotapes. Allegations of corruption against Governor Blagojevich were contained in a 76-page FBI affidavit released last week by the U.S. Attorney’s Office. Conversations quoted in the affidavit were gathered from court-approved wiretaps on the governor’s home telephone and two listening devices in his campaign office. The Fourth Amendment protects the right of citizens "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Dean Harold J. Krent can discuss under what circumstances the government can legally obtain and use wiretaps. Dean Krent is the author of Of Diaries and Data Banks: Use Restrictions Under the Fourth Amendment, and he also served on the Illinois Institute of Technology team that examined the FBI’s e-mail surveillance system (formerly known as Carnivore) for privacy issues. He is available for interviews.
- The governor has retained the services of a high-profile defense attorney to help him fight the federal criminal charges against him. Chicago-Kent experts can discuss potential defense and prosecution strategies. Professors and criminal defense attorneys Richard S. Kling and Daniel T. Coyne can discuss the constitutional tension between First Amendment freedom of the press guarantees and a defendant's Sixth Amendment right to an impartial jury and a fair trial. Also available are Professor Douglas Wm. Godfrey, a former prosecutor with the Kings County (New York) District Attorney's Office, and David A. Erickson, a former prosecutor in the Cook County State’s Attorney’s Office. Currently a senior lecturer and director of Chicago-Kent’s Program in Criminal Litigation, David Erickson has also served as a felony trial court judge, a supervising judge in the criminal courts, and an Illinois Appellate Court judge.
- If the case against Governor Blagojevich goes to trial, can he get a fair hearing in Illinois? Professor Nancy S. Marder says the time elapsed between the current media coverage and the time the case is ready for trial should be sufficient so that a change of venue should not be necessary. "Fair and impartial jurors would--at the very least--be people who were not personally affected by the governor’s alleged ‘pay-to-play’ practices," says Professor Marder. She also points out that "previous Illinois governors who were tried in the state presumably received fair trials." Professor Marder, who teaches a course on juries, judges and trials, has written extensively about the American jury system. Professor Marder is the author of Jury Process and several law review articles, including Juries, Justice and Multiculturalism. She is available for comment.
- Will the accusations against the governor affect the sale of Wrigley Field and the Chicago Cubs? Governor Blagojevich was accused of threatening to withhold state assistance from the Illinois Finance Authority to the Tribune Company for Wrigley Field unless certain Chicago Tribune editorial writers were fired. (The newspaper published unfavorable stories about the governor and editorials calling for his impeachment long before the current allegations were made public.) Sports attorney and adjunct professor Eldon L. Ham says that although the scandal will dilute the Tribune Company’s ability to sell as it pleases, the bankruptcy court and Major League Baseball may provide bigger obstacles. "The court, Sam Zell and the creditors’ committee will likely want the best offer," says Professor Ham, "but it won’t improve the league’s approval process since Major League Baseball will still have to approve any potential buyer as a ‘member owner.’" He is available for interviews.
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