Judge: Federal subpoenas must be made public
SPRINGFIELD -- A state appeals court Thursday dealt Gov. Blagojevich a major blow by ruling that federal subpoenas his administration has received must be made public under Illinois' open records law.
A unanimous ruling by the Fourth District Illinois Appellate Court sided with the Better Government Association in its lawsuit against the governor, who has battled to keep secret federal subpoenas his administration has received.
(Keith Hale/Sun-Times)
Using the state Freedom of Information Act, the BGA sought the subpoenas to gauge how broadly federal investigators have been probing corruption under Blagojevich, who is being investigated for his hiring practices, for government contracts and key appointments he has made to donors and for his personal financial dealings.
"The governor was served with subpoenas in his official capacity as the governor of Illinois. As such, the FOIA applies, thus mandating 'full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials,'" wrote Justice Robert J. Steigmann.
"Thus, unlike for a private citizen, the FOIA eliminates any discretion the governor, acting in his official capacity as governor for the State of Illinois, has in keeping the subpoenas secret."
Suggesting releasing subpoenas could hinder an ongoing investigation, Blagojevich gave the appeals court a February letter from U.S. Attorney Patrick Fitzgerald's office encouraging the administration to release only two of the subpoenas it has received.
But the feds never weighed in with the court in the BGA lawsuit to formalize any objection to the governor making the subpoenas public.
Blagojevich's office declined to say whether it would appeal the ruling to the state Supreme Court but said it intended to talk with Fitzgerald's office about its next move.