Judiciary
Judiciary ‘has no energy to unimpeach,’ federal choose says whereas citing Dr. Seuss
Former Democratic Illinois Gov. Rod Blagojevich speaks to the press outdoors the Dirksen Federal Courthouse in August 2021 in Chicago. (Picture by Scott Olson/Getty Images)
A federal choose has tossed former Democratic Illinois Gov. Rod Blagojevich’s professional se lawsuit in search of the proper to run for political workplace, regardless of his impeachment and conviction, saying the grievance is “riddled with issues” and is an “Problem-Recognizing Wonderland.”
U.S. District Decide Steven C. Seeger of the Northern District of Illinois mentioned Blagojevich made a number of errors when he claimed that the Illinois Senate violated the First Modification, the Sixth Modification and the 14th Modification by disqualifying him from future workplace within the state, in violation of Part 1983 of the Civil Rights Act.
Among the many issues cited by Seeger: Blagojevich wrongly sued the state of Illinois and the Illinois Basic Meeting, relatively than naming an individual as a defendant below Part 1983; he cites the Sixth Modification, but it surely applies to felony circumstances and never impeachment proceedings; he lacks standing to say First Modification voting rights of voters; and he has mentioned he’s not sure whether or not he even desires to run for workplace, which may imply that his declare isn’t ripe for adjudication.
The larger downside, Seeger mentioned in his March 21 opinion, is {that a} federal court docket can’t become involved in impeachment selections.
“The underside line is that the judiciary has no energy to unimpeach, unconvict and unremove a public official,” Seeger wrote. “The legislature taketh away, and the judiciary can’t giveth again.”
The Chicago Tribune, the Associated Press and Law360 are among the many publications with protection.
In 2011, Blagojevich was sentenced to 14 years in jail for political corruption, however he served solely eight years earlier than then-President Donald Trump commuted the sentence in February 2020. Blagojevich was a lawyer earlier than his May 2020 disbarment, in line with the Chicago Tribune.
Seeger is understood for his opinions pillorying attorneys. He mentioned a meals labeling lawyer’s “warehouse of complaints” are “not fit for public consumption,” a Chicago lawyer’s movement was littered with “pointless potshots and hyperbole,” and attorneys in a trademark swimsuit should be aware that “‘choose procuring’ ain’t a factor right here.”
Within the hyperbole case, Seeger declared that “looking for over-the-top sentences within the movement is like capturing fish in a barrel.”
Seeger returned to the analogy in Blagojevich’s case.
“The grievance is riddled with issues,” he wrote. “If the issues are fish in a barrel, the grievance comprises a complete college of tuna. It’s a target-rich setting. The grievance is an Problem-Recognizing Wonderland.”
Seeger famous that the case started with “nice fanfare” as Blagojevich introduced with “a gaggle of press in tow” that he would possibly wish to return to public life.
“The case began with a megaphone, but it surely ends with a whimper,” Seeger wrote. “Generally circumstances within the federal courthouse entice publicity. However the courthouse isn’t any place for a publicity stunt.”
Seeger quoted from the 1972 Dr. Seuss e-book Marvin Ok. Mooney Will You Please Go Now!
“The time has come. The time has come. The time is now. Simply Go. Go. Go! I don’t care how. You may go by foot. You may go by cow. Marvin Ok. Mooney, will you please go now!”
