Springfield, IL. (AP) - Friday, the Illinois House voted 114 to 1 to impeach Gov. Rod Blagojevich. Three not voting. The Illinois House has 118
members. The Senate has 59 members. 60 votes in the House were needed to pass the Articles of Impeachment. The affirmative vote of 40 senators is
needed to convict. There is no appeal from that vote and it is effective immediately.
The committee on Thursday unanimously recommended impeachment based on the following Articles:
Article 1) criminal charges pending in the US Attorney’s office but not yet the subject of a specific indictment;
Article 2) that Blagojevich expanded a health care program without proper authority;
Article 3) that he circumvented hiring laws to give jobs to political allies;
Article 4) that he spent millions of dollars on foreign flu vaccine that he knew wasn't needed and couldn't be brought into the country;
Article 5) letting down the people of Illinois by letting ego and ambition drive his decisions.
''The citizens of this state must have confidence that their governor will faithfully serve the people and put their interests before his own,''
the committee's report said. ''It is with profound regret that the committee finds that our current governor has not done so.''
Gov. Blagojevich has denied the criminal charges. He criticized the House process as biased and said a Senate trial would produce a different
result.
ILLINOIS Constitution Article IV, Section14. IMPEACHMENT
“The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by
the vote of a majority of the members elected, to impeach Executive and Judicial officers.
Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law.
If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of
the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached
officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law.”
www.ilga.gov...
COMMENTARY.
Article V, Section 10. GOVERNOR - REMOVALS
“The Governor may remove for incompetence, neglect of duty, or malfeasance in office any officer who may be appointed by the Governor.”
The section quoted above does not exactly apply in this case but I quoted it to show the kind of misconduct that is subject to the removal process. I
think without knowing this would be the standard applied to the governor himself.
Article 1 must fall. It would be a denial of DUE PROCESS to try anyone on as yet unspecified charges.
Article 2 may not have merit especially if the Legislature has been in session after the changes complained of. That would infer consent by the
Legislature if they failed to alter the health plan.
Article 3 may not be strong unless there are specific examples of violating some existing law regarding appointments.
Article 4 rests on an allegation about what Blagojevich KNEW and WHEN he knew it. Very shaky case IMO.
Article 5 is an imponderable claim. It is rhetorical. It is entirely subjective and does not lend itself to proof in any other way than if
Blagojevich was made to stand for election.
CONCLUSION.
I predict the Illinois Senate will
NOT convict Blagojevich! What say you?
[edit on 1/9/2009 by donwhite]