News

Sangamon judge stands firm on subpoenas' release

Posted March 03, 2008 10:00 pm

Doug Finke

Sangamon County Circuit Judge Patrick Kelley Monday refused to reconsider his January decision ordering the administration of Gov. Rod Blagojevich to release subpoenas issued to it by federal prosecutors probing possible corruption.

However, Kelley also said the subpoenas can remain secret while the administration appeals his decision.

The Chicago-based Better Government Association filed suit last year contending the subpoenas are public information and should be released. Blagojevich's lawyers said they could not legally release federal subpoenas, despite an opinion from Attorney General Lisa Madigan that they could.

Kelley agreed with the BGA and ordered the subpoenas' release.

However, Blagojevich administration lawyers then said they had uncovered new evidence and asked Kelley to reconsider. The "new evidence" was a letter from an assistant in U.S. Attorney Patrick Fitzgerald's office asking that the administration not release the subpoenas because it "could impede the investigation..."

"With two exceptions noted below, the U.S. Attorney's Office continues to request that you not disclose the fact that the subpoenas have been served," wrote Julie Rudner, assistant U.S. attorney. "Any such disclosure could impede the investigation and thereby interfere with the enforcement of law."

Springfield attorney Don Craven, who represents the BGA, argued the letter said an investigation "could" be impeded, not that it would. He also maintained the letter did not constitute new evidence, and Kelley agreed, but added it would be "totally inappropriate" for the subpoenas to be released until the appeals process is completed.

"The important part to emphasize is that we won, the governor lost," said BGA executive director Jay Stewart. "This essentially was a two-month diversion from the January ruling. It's a few thousand dollars more of taxpayer money being spent to not move the ball forward."

"We think the U.S. attorney's office has been clear that they do not want us to release those documents," said Blagojevich spokeswoman Rebecca Rausch. "We are honoring their request."

The administration Friday did release two subpoenas that prosecutors said could be made public without jeopardizing any investigations. One dealt with grading scales used by the Department of Central Management Services to determine who is hired for certain jobs at the Department of Commerce and Economic Opportunity and the Department of Corrections.

The other asked for backup tapes and other computer storage for 17 agencies and the governor's office to re-create what was on the computers as of June 23, 2006.

"They are about what I expected," Stewart said. "They (the subpoenas) are not going to give you the whole story or even a clear picture of what is going on."

Stewart said it is very common for investigators to ask for computer records to get an "electronic snapshot of the system." The subpoena for grading scales is more specific, but "it doesn't tell you what the ultimate focus of the investigation is," he said.

Doug Finke can be reached at (217) 788-1527.

Article Categories
News