William Jacobson writes: The Illinois Attorney General's Suit To Remove Blagojevich Looks Even Worse In Retrospect
Looking back at the sequence of events and papers filed by the State, it seems clear that AG Madigan could not possibly have expected victory on the merits. As detailed below, the alleged emergencies cited by the State were not true emergencies, and in the case of bond funding, were based on an incomplete presentation to the Court. Legally, the State's papers were cursory and not befitting the weighty nature of the legal issues.Read his post for the questions. She certainly should have recused herself from the whole mess, and who ever filled in for her would have been wise to skip the whole mess. It just made Illinois look more foolish trying to commit the Gov as incapacitated.
Why then was the suit brought? The only reasonable conclusion is that AG Madigan hoped for the Court to make a political, not legal decision. At a minimum, the following questions need to be answered: