Judge: Governor must release subpoenas
SPRINGFIELD -- Gov. Rod Blagojevich's administration must disclose subpoenas it received from federal prosecutors investigating hiring for state jobs, a judge ruled Wednesday.
There's no evidence the subpoenas, issued two years ago, would jeopardize a criminal investigation, Sangamon County Circuit Judge Patrick Kelley said.
But Kelley did not order the governor to immediately hand over the documents to the Better Government Association, which sued to get them.
He will not order that as long as there is an appeal pending. Blagojevich lawyer Thomas Londrigan said an appeal was certain.
The Better Government Association, a Chicago-based government watchdog group, sued when Blagojevich's office denied a request for copies of the subpoenas under the Illinois Freedom of Information Act. Among other things, Blagojevich aides used an exception under the law precluding disclosure that could impede a law enforcement investigation.
But Kelley ruled Blagojevich aides showed no "competent evidence" secrecy remained vital, despite a standard statement that accompanied the subpoenas saying disclosure could hamper an investigation. The Better Government Association told U.S. Attorney Patrick Fitzgerald about the lawsuit but Fitzgerald has remained silent.
"In their eyes, there's no further need for secrecy," Kelley said of Fitzgerald's office.
William Quinlan, Blagojevich's general counsel, said after the hearing that Fitzgerald's office requested the subpoenas remain confidential. A Fitzgerald spokesman declined comment.
Blagojevich acknowledged in fall 2005 that the U.S. attorney in Chicago delivered subpoenas for hiring records to his office as well as the departments of Children and Family Services, Transportation and Corrections.
Shortly afterward, Blagojevich aides said they would no longer comment on subpoenas or the federal investigation. The Better Government Association sought copies of any subpoenas received in the first half of 2006.
The Associated Press has reported on documents that show top Blagojevich aides were choosing jobseekers for posts that are supposed to be buffered from political considerations.
The AP also has reported that the administration got around choosing military veterans for jobs, as required by law, by hiring politically connected candidates as interns or in locations where the employee never worked.
In defending Blagojevich, Londrigan said releasing subpoenas violates federal criminal laws. He said the Better Government Association was trying to circumvent federal law by asking a judge to use state public-access law to decide the matter.
But answering a question from Kelley, Londrigan acknowledged that a witness who has received a subpoena can't be reprimanded for revealing it. And he pointed out that Blagojevich is a public official, so documents he receives become public records under the FOIA.
A similar lawsuit by a group called Judicial Watch is pending in Cook County court.