Is Governor Rod Blagojevic disabled from performing his duties as Illinois governor? Illinois Attorney General Lisa Madigan asked the state Supreme Court to declare Blagojevich unfit for office.
The Illinois Constitution permits removal of the governor when the governor is physically disabled, mentally disabled, or for an “other” disability. The question is what is an “other” disability and does that include an alleged crime?
In an unusual move, during a nationally televised press conference, the United States Attorney’s office and the FBI released detailed information about Governor Blagojevic’s alleged crimes including the devastating contents of conversations obtained from wiretaps of Governor Blagojevic’s phones and possibly body wires.
The information was publicly released in an effort to prevent possible future crimes affecting the people of the state of Illinois. However, the result of publicly releasing this information is that Governor Blagojevic was tried and convicted during an approximately 30 minute presentation by law enforcement officials.
Ostensibly, the argument that the governor is disabled was made by Illinois Attorney General Lisa Madigan during her appearance today on NBC’s Meet the Press when she stated that Governor Blagojevic could not appoint a senator to replace President-elect Barack Obama because no one would possibly accept an appointment from Governor Blagojevic (after the very public prosecution on national TV).
While it is probably difficult for the governor to fulfill his usual duties at this time, it certainly is possible to appoint a new senator. In fact, the United States Attorney General’s office publicly stated that they were aware of the fact that Governor Blagojevic would still be governor at the end of the day and could still appoint a senator. They stated that the purpose of disclosing the information at this time was to prevent Governor Blagojevic from selling the Senate seat.
That was certainly accomplished. Governor Blagojevic can now appoint a new Illinois senator and the public can be assured that no money or promises were exchanged for the appointment. The statement that no one would dare accept an appointment seems ludicrous. I would accept a Senate appointment in a second and I would make every aspect of my life publicly available to ensure that there was no impropriety. I can’t imagine anyone else turning down a Senate appointment unless that person had prospects for a better position.
While I think it is not only appropriate, but morally required for Governor Blagojevic to immediately step down, is he really disabled from performing his duties as governor?
