Thursday, January 29, 2009

Senate in Land of Lincoln tosses away basic fairness | ajc.com

Bob Barr makes a great case that the Illinois senate impeachment of the governor was a kangaroo court. Mr. Barr writes:


The Illinois Senate... has adopted a set of rules for the impeachment trial of Gov. Rod Blagojevich that are so patently unfair that his lawyers’ characterization of the proceedings as a “kangaroo court” has more than a ring of truth.

simply because a government body has the power to do something, does not make it right or proper for it to do so?
...
the Illinois House and Senate have not shown the country the best the Land of Lincoln has to offer, but its seamier side.

Keeping in mind that the criminal complaint lodged against the two-term governor last month in Chicago consists of nothing more than allegations of wrongdoing recited by an FBI field agent, is it not a legitimate question raised by the governor and his lawyers that basing an article of impeachment on such untested and unproven evidence raises an issue of fundamental fairness?

Not only that, but the trial rules according to which the governor’s future will be determined expressly prohibit him from obtaining evidence regarding those charges if doing so “could compromise” the federal government’s investigation. Does this not render it virtually impossible for the governor to defend himself against those charges?

Not only that, but the Senate’s rules give that body the power to deny the governor —- by majority vote —- any particular information or witness he might seek to subpoena in his defense...

And what of the other underlying charges against the governor voted by the Illinois House? Many of the other charges are, by the explicit terms of the House report, based on evidence no stronger than newspaper stories...

Hello! If we began listing government officials in either Springfield, Ill., or Washington, D.C., who render decisions involving millions or even billions of our tax dollars without “understanding the procurement process,” the list would be far longer than the verbose impeachment report against Blagojevich...

The vast majority of FOIA requests filed against federal agencies are met by “a pattern of keeping basic government information from the public.” If that standard were now to constitute grounds for impeachment, every modern president, especially the immediate past president, should have been impeached.

The bottom line is, whether one likes, dislikes, loves or hates Rod Blagojevich, the process to which he is being subject in his home state is an embarrassment and should deeply offend all Americans who believe —- as did our Founding Fathers —- in fairness, due process and equal protections of our laws.


Senate in Land of Lincoln tosses away basic fairness | ajc.com

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