Judge: Blagojevich must release subpoenas
SPRINGFIELD, Ill.---- 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 BGA, 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 general counsel William Quinlan used an exception under the law that precludes 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 BGA 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.
Quinlan said after the hearing that Fitzgerald's office requested that the subpoenas remain confidential. A Fitzgerald spokesman did not immediately return a call seeking 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 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 BGA 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 no one can be reprimanded for voluntarily disclosing that he received a subpoena. And he said rules apply differently to subpoena recipients who are public officials.
A similar lawsuit by a group called Judicial Watch is pending in Cook County court.