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Wednesday, December 17, 2008
Paul Greenberg :: Townhall.com Columnist
Another Kind of Corruption
by Paul Greenberg
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But there are always those who can't wait for a court to deliver its verdict, and assume that indictment is synonymous with conviction. Like the oh-so-clean attorney general of Illinois, Lisa Madigan, who has asked the state's Supreme Court to kick its present occupant out of the governor's office without the formality of an actual trial. The way she figures it, he's disqualified for his high office because of disability. She's using a law intended to cover governors who develop some mental or physical disability to cover the Hon. Blago's problem -- the widespread contempt his indictment has brought him and which, she claims, makes him unable to govern.

So she's invoking the Alice in Wonderland rule: "Sentence first -- verdict afterward." So much for what used to be called the presumption of innocence. If the nominally honorable governor of Illinois develops a sufficient sense of shame to resign his office, that would be one thing. To punish him pre-trial would be an unacceptable other.

Madigan's reasoning brings to mind a conversation between a late legislator of the old school here in Arkansas and an earnest young lawyer who made the mistake of trying to reason with him. "Look here," said Earnest Young Lawyer, "we can all agree that everybody deserves to be considered innocent until proven guilty, right?" To which veteran lawmaker replied, with some force: "Not if they're guilty, they don't!" Illinois' attorney general may be the latest to adopt a variation of that unanswerable illogic.

If a governor who's been convicted only in the court of public opinion is to be punished without waiting for mere due process, then something more important than money has been lost: a fundamental principle of American (and for that matter Anglo-Saxon) law. A principle that protects us all.

The moral of this story: There are other kinds of corruption than just graft. And they can be far more dangerous. That's something to remember the next time you hear a Blago joke.

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Well,
"She's using a law intended to cover governors who develop some mental or physical disability to cover the Hon. Blago's problem -- the widespread contempt his indictment has brought him and which, she claims, makes him unable to govern."

He couldn't govern before, so its a safe assumption that he still can't. (Just look at the condition of Illinois.)

A problem awaits
Mr. Greenberg touches on a problem that may arrive when this mess comes to trial - a tainted jury pool. The prosecutor and FBI agents have been talking too much to the press about how horrible Blago is, and releasing bits of the wiretaps to the public. The defense lawyers will have a field day during jury selection.

Likewise with the Ill. politicians who are trying to get Blago out of office before he's even brought to trial. That dipstick attorney general is making up a political disability that the disablilty law was never intended to address, probably to get the political embarrassment that is Blago out before he makes the Democratic party a laughing stock.

Obviously, if Blago had a shread of honour, he would resign his office, but his behavior does not excuse equally dishonerable behavior by others.

One further thought: Terrorist Bill Ayers is not in prison despite his publicly acknowledged crimes because of prosecutorial misconduct. Do we want to repeat that in this case?
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