Chicago Sun-Times
November 20,2008
Dave
McKinney
SPRINGFIELD -- A state appeals court Thursday dealt Gov. Blagojevich a
major blow by ruling that federal subpoenas his administration has received
must be made public under Illinois' open records law.
A unanimous ruling by the Fourth District Illinois Appellate Court sided
with the Better Government Association in its lawsuit against the governor,
who has battled to keep secret federal subpoenas his administration has
received.
Using the state Freedom of Information Act, the BGA sought the subpoenas to
gauge how broadly federal investigators have been probing corruption under
Blagojevich, who is being investigated for his hiring practices, for
government contracts and key appointments he has made to donors and for his
personal financial dealings.
"The governor was served with subpoenas in his official capacity as the
governor of Illinois. As such, the FOIA applies, thus mandating 'full and
complete information regarding the affairs of government and the official acts
and policies of those who represent them as public officials,'" wrote Justice
Robert J. Steigmann.
"Thus, unlike for a private citizen, the FOIA eliminates any discretion the
governor, acting in his official capacity as governor for the State of
Illinois, has in keeping the subpoenas secret."
Suggesting releasing subpoenas could hinder an ongoing investigation,
Blagojevich gave the appeals court a February letter from U.S. Attorney
Patrick Fitzgerald's office encouraging the administration to release only two
of the subpoenas it has received.
But the feds never weighed in with the court in the BGA lawsuit to
formalize any objection to the governor making the subpoenas public.
Blagojevich's office declined to say whether it would appeal the ruling to
the state Supreme Court but said it intended to talk with Fitzgerald's office
about its next move.
