Appeals court tells Blagojevich to turn over subpoenas
From Sunshine Review
20 November 2008
An Illinois appeals court agreed with the ruling of a lower court that Gov. Rod Blagojevich must make public subpoenas sent to his administration by federal corruption investigators. The subpoenas were requested by the Better Government Association under the Illinois Freedom of Information Act. They requested the subpoenas in order to determine what potentially corrupt activities the federal investigation of Blagojevich's administration was targeting.[1]
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[edit] Appeal Court ruling
The Illinois Appellate Court in Springfield said that the purpose of the Freedom of Information Act is to fight corruption by highlighting the inner workings of government, and to that end the governor should follow it. In their ruling the court stated, "Our legislature enacted the FOIA in recognition that blanket government secrecy does not serve the public interest and transparency should be the norm except in rare specified instances."[1]
[edit] Response
Jay Stewart, executive director of the BGA, responded confidently to the ruling saying "We are very happy about this decision."
Meanwhile, Lucio Guerrero, communications director for Blagojevich, said that they were fulfilling a request from the U.S. attorney by not releasing the documents. In an email Guerrero wrote, "They have asked us not to release the subpoenas. With this decision we will consult with the U.S. attorney on what to do next."[1]
[edit] Scope of the case
Federal investigations of corruption in the Blagojevich administration have been going on for years. While key members of the administration have been indicted, the governor himself has not been accused of any wrongdoing.
The BGA requested all of the subpoenas that federal prosecutors had sent to the administration during the first six months of 2006. Blagojevich initially refused, but was ordered by a lower court to turn over the documents. The governor then asked for reconsideration, citing a letter from the U.S. Attorney's office which said releasing the documents would interfere with the investigation.
The appeals court dismissed the letter, saying, "We are not surprised that governmental entities, including the United States attorney, generally prefer not to reveal their activities to the public. If this were not a truism, no FOIA would be needed."[1]
