One thing that confuses me about the Blagojevich situation

[sohndrsmith]

(Edited for typos)

The news has been all over this today, obviously, and one thing that keeps coming up is that "Blagojevich is the governor, and has the legal right to make the appointment... " basically, no matter what, this seemed to be the message more often than not. Apparently, no one expects him to act rationally. There was also a lot of talk about a special election, basically changing the law. Okay, but...

What I'm having trouble with is twofold. First, why on EARTH do we not have stipulating laws in place already, in the event that someone in power gets arrested, breaks the law, etc. Second, I am fully aware of the fact that there has not been a conviction, so that muddies the water considerably.

But not enough, in my view. Why is there no law that states something to the effect that in the event of a legal situation or other matter of serious significance that undermines the office or ability of that officeholder to fulfill his/her obligations (including appointments) with full integrity of said office, then there would either be a legislative meeting convened or the powers would be transferred to the lieutenant or next in line under the person who's position is compromised.

I just don't get it.

[mrreowwr_kittty]

1. They probably do have rules in place for a compromised Governor

But it goes back to "he hasn't been convicted yet". The concept of being innocent until proven guilty trumps any other consideration. Gov. Blagojevich is not physically or mentally incapacitated right now so he is still the Governor unless he resigns or is removed from office.

[Radical Activist]

4. Yes, In the state constitution.

But there are still steps that have to be taken to have him declared temporarily incapable of serving or removed from office if he doesn't do it willingly himself.

[sohndrsmith]

8. I'm going to see if I can find it... This stuff fascinates me. n/t

[Radical Activist]

2. First

the legislature can choose to convene to deal with it any time they like. There doesn't need to be a law telling them that.

Second, you can't have anything automatic that says "Guy gets arrested, so he can't be Governor." That would make it too easy to remove someone by arresting them on trumped up charges.

Things like this should be very, very rare. It should usually be dealt with by a legislative investigation. We don't need the FBI getting involved in politics but this is a case of extreme corruption.

[sohndrsmith]

6. not saying "he can't be governor", but it still confuses me...

there's a difference between "can't be governor" and looking at what is reasonable if a governor gets arrested and that compromises the integrity of his actions. Governors don't get arrested often or easily... I'm making no judgment on his guilt. I'm just amazed that the rules seem to be possibly odd, contradictory and sort of dumb. Maybe.

I was amazed that Ted Stevens (who was a convicted felon) was able to vote. But I guess Alaska allows that. I thought it was a federal thang.

How can this governor credibly appoint someone to the Senate seat? It seems as though no one (other than possibly him) thinks he can - even if he legally has the power to do so. So the process is fully compromised.

I am very aware of (and respect) the fact that he is innocent until proven guilty, and I'm not questioning or dismissing that in any way.

Maybe I'm not explaining my question very well. I'm not saying I have the right answer (or any answer) but I thought it might be worth bringing to the table and wondering if this is the best way to handle this? I don't know. I'm thinking out loud...

If someone is arrested for a DUI (for example), isn't it possible to have their right to drive suspended until the matter is resolved in court? Is being arrested completely free and clear of any consequences, limitations or revision of certain activities? Is such a thing reasonable? Does that concept not apply to those in higher office? It's a pretty big deal and a huge responsibility to be a Governor or any public servant.

Its also a VERY huge deal to uphold the rights of anyone accused (but not convicted), too.

The issue confuses me.

[Radical Activist]

9. I think I get your meaning.

The state legislature is meeting Monday to take action, and part of the reason given is that they don't want the Governor to be able to do more damage while in office. They're going to change the law that allows the Governor to appoint a Senator. They may also remove him from office.

The state constitution also provides a way for the Governor to be declared temporarily unable to fulfill the duties of office, which allows the Lt. Gov. to be temporarily in charge. If the Gov doesn't do that willingly it can be done by the state Supreme Court.

One legislator (unfortunately a Republican said it first) said that no one should accept the appointment at this time if Blagojevich tries to give it to them. I think that anyone would refuse the appointment right now except a complete hack who doesn't want a future in politics.

Also the US Senate could refuse to seat a Senator appointed by Blagojevich, which they would probably if Durbin and others from Illinois requested it.

But its not surprising that they didn't plan for this situation. They shouldn't have to since this is so rare. You can't plan for everything. There's no law about what to do if the Governor is abducted by space aliens either.

[sohndrsmith]

11. Thank you for a great response!

You are far more versed on this stuff than I am, but that's why I ask questions...

You're right, one can't plan for everything - but doesn't breaking the law - or being arrested for a crime seem general enough to consider? It seems to cover every one of us not in public office. The specifics can't be planned for, that makes sense. Oddly enough, it seems as though the Constitution does have a plan if the Governor were abducted by aliens, because, being abducted - he'd be gone. <g>

Very grateful for the information and reason. Thanks...

[dsc]

3. Kenneth Starr

that is why we can't have some automatic system of removal due to one prosecutor's action.

[BeatleBoot]

5. Who would want to be appointed by him, now?

"I was hand picked by the Governor after his arrest on Federal Felony charges, so re-elect me!"

This is all messed up.

He needs to pull a Kwame Kilpatrick and step down.

[sohndrsmith]

7. That's part of the quandary... legitimacy has been undermined. nt

[sohndrsmith]

10. This is ironic. I did a search for "Illinois Ethics Code, governor"

And this hit came back:
"Executive Order Mandating Ethics Training For All State Employees"
from: Rod R. Blagojevich, Governor, issued Jan 2003
http://www.illinois.gov/gov/execorder.cfm?eorder=5

I haven't found the formal ethics rules involving the governor specifically, though.