In IL, The Clinton Impeachment Rules Rule
Gov. Rod Blagojevich (D) was impeached by the IL House on 1/9 and is now facing the prospect of a trial in the IL Senate. This is uncharted territory, and the rules for how the trial will proceed are still being finalized, but incoming IL Senate Pres. John Cullerton (D) gave On Call a primer.
“We’re basically using the Clinton impeachment rules as a model,” he said. “We’re the judges. There’s a prosecutor from the House. The prosecutor puts on his or her case.”
An IL House-designated attorney will present its case for Blagojevich’s removal from office. No word yet on who will have the honor. Still, the IL House seems confident in its case; it passed the 13-point article of impeachment alleging the governor “abused the power of his office” by a 114-1 margin.
IL Supreme Court Justice Chief Justice Tom Fitzgerald will preside over the Senate trial.
“He’s the judge, he presides over the trial just like you see in a courtroom trial,” said Cindy Davidsmeyer, press secretary to outgoing IL Senate Pres. Emil Jones Jr. (D).
The state senators will have the power to query witnesses and attorneys but only via questions submitted through Fitzgerald. Cullerton said Blagojevich will be allowed to mount a defense.
In addition to weighing the testimony and documents gathered in the House impeachment proceedings, the state Senate will consider its own evidence, Cullerton said. That could include the tapes of Blagojevich’s wiretapped conversations, as well as witnesses for the prosecution and defense.
“There’s no standard of proof – it’s up to the individual senators,” he said. “This is more like a political trial.” With the standard of proof reduced to political grievance, the proceedings put the defendant at a disadvantage, Cullerton said. Although he added quickly, “We’re using Clinton’s rules and Clinton was acquitted.”
Cullerton said he has scheduled the trial to start on 1/26 in the state Senate chamber, and he’s expecting it to last at least nine days. “There’s no deadline," he said. "It’s a trial so you don’t know what’s going to occur."
Still, the state Senate will try to finish its deliberations before the regular session of the chamber scheduled to start 2/4.
“We’re not going to delay," Cullerton said. "You don’t want to have an impeachment trial hanging over the regular session."
In the end, either Blagojevich is found not guilty, in which case he stays in office, or he’s found guilty and removed. If the latter occurs, the state Senate will have to weigh an additional punishment.
“If he was removed, there’s a second verdict to see if he can be banned from ever running [again],” he said, adding, “as a practical matter, I don’t think this guy’s going to be running again.”
The IL Constitution is notoriously vague about the process for impeachment. The guidelines for punishment are embedded in the one paragraph statute:
"Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law."
(SEAN J. MILLER)