Executive Branch
Ill. AG Files Motion Seeking Court Ouster of Blagojevich
Posted Dec 12, 2008 11:24 AM CST
By Debra Cassens Weiss
Updated: Illinois Attorney General Lisa Madigan has filed a motion with the Illinois Supreme Court seeking the ouster of Gov. Rod Blagojevich.
Madigan is citing Rule 382, which gives the Illinois Supreme Court the power to determine the ability of the governor to serve, the Chicago Sun-Times reports.
"I recognize that this is an extraordinary request, but these are extraordinary circumstances," Madigan said, according to an Associated Press account of her remarks today at a news conference.
Blagojevich was arrested on Tuesday on charges that he tried to sell Barack Obama's vacant Senate seat and offered millions of dollars in aid to the Chicago Tribune if it fired critical editorial writers.
The motion was prepared by lawyers in Madigan’s office and former White House counsel Abner Mikva, Politico reports. It seeks an injunction to prevent the governor from serving.
The motion says Illinois Lt. Gov. Patrick Quinn should temporarily take over the governor's duties, the Chicago Tribune reports. If the court does not block Blagojevich from governing, it should at least stop him from appointing an Obama replacement, the motion says.
"The pervasive nature and severity of these pending charges disable Mr. Blagojevich from making effective decisions on critical, time-sensitive issues," the motion said.
The state supreme court has the discretion to refuse to consider the request, the AP story says.
A recent survey found Illinois voters favor Madigan to take Obama's place in the Senate, the Chicago Sun-Times reports in a separate story.
Updated at 12:17 p.m. to include remarks from Madigan's news conference.

Comments
William S. Daniel, Attorney
Dec 12, 2008 3:36 PM CST
As soon as Illinois Lt. Governor Patrick Quinn
becomes Illinois Governor, his first act should
be to appoint Illinois Atorney General Lisa
Madigan to fill the unexpired term of Senator
Barack Obama’s already vacated seat in the
United States Senate. She has earned the trust
and confidence of all Illinoisans. We should not
have a vanancy in such an important Senate
seat - the one from which President-Elect Obama recently resigned so that the next U.S.
Senator from Illinois could gain seniority by
early filling of the vacancy.
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