Ill. Gov. Blagojevich’s true colors shine through in clemency case

Though beleaguered Gov. Rod Blagojevich has exhibited little of what we would call upstanding character to date in the Illinois Senator-appointment controversy, it’s worth driving home the point that this guy is no defender of the oppressed, or minority communities for that matter.

There’s a little-noticed case still pending in U.S. District Court in Chicago that shines more light on that fact. The litigation points out that under Blagojevich, there is a total of nearly 2,000 clemency cases pending the governor’s final decision [some awaiting action for years], including those of the plaintiffs in the case, which was filed September 2006.

In other words, Blagojevich is quick to exercise his power as governor when it advantages him, or his interests, such as in his recent decision to appoint Roland Burris to the now-vacant Senate seat of president-elect Barack Obama, but is willing, as the plaintiffs in the case allege, to violate due process rights when it comes to exercising gubernatorial power in matters involving the powerless.

The clemency lawsuit was filed by the Cabrini Green Legal Aid Clinic, a nonprofit “legal aid clinic serving Chicago’s less fortunate citizens,” the pleadings state. The litigation alleges many of the convictions for which the plaintiffs are now seeking clemency [a number related to drug possession charges] “are suspicious.”

“Many were unaware of the criminal record they would carry for years to come by agreeing to plead guilty, and lacked legal sophistication and adequate legal counsel,” the pleadings contend.

These are not hardened criminals. The pleadings make clear they are now all attempting to lead productive lives, but are losing jobs or otherwise being denied opportunities because of their criminal records.

For example [from the litigation]:

The case of Larry Green

At the time of his guilty plea, Mr. Green, a good high school student, was 17 and living at home with his mother and brother – a known drug dealer. Cocaine was found in the Green household and Green was charged with the above crime. 15 years after his conviction, Green supports his sisters, his disabled mother and his two children. Additionally, Green volunteers at Project Hero, a Chicago organization designed to help at-risk youth and aid recently released former inmates. Green, however, has continued to find his 1991 conviction to be an obstacle to stable and steady employment.

The case of Denise Smith

In 1982, at age 25, Ms. Smith was convicted of aggravated battery against an abusive partner. Smith has been deaf since birth and has been the subject of numerous abusive relationships. She has never received adequate support for her disability. At age 49, now 24 years after her conviction, Smith has freed herself of the abusive relationship giving rise to the conviction. Smith has remained drug free since 1993, when she graduated from a rehabilitation program. She is now married, is a mother of two and a grandmother of four. Smith believes a supportive, non-abusive relationship and sobriety have helped her turn a corner in her life. Yet her criminal record has kept her from progressing professionally. Smith has on several occasions been separated from employment as a result of her 1982 conviction.

After the lawsuit was filed, Blagojevich finally acted, and denied Smith and Green’s petitions for clemency, along with the petitions of six other individuals who were party to the lawsuit. He granted one pardon and has still failed to act on three others – not counting the nearly 2,000 other clemency petitions the litigation claims are still pending.

The lawsuit alleges the governor is denying the plaintiff’s due process rights by his extended inaction in their cases. It also calms that the governor’s denial of the clemency petitions of eight of the plaintiffs after the litigation was filed “raises questions [of] whether the denials were in retaliation” for filing the lawsuit.

Blagojevich’s response to the lawsuit is rooted in the arrogance of power: Because the Illinois Constitution vests the Governor with full discretion to grant or deny clemency, plaintiffs cannot state a claim for violation of due process.

But the judge didn’t buy it and has refused to dismiss the case. Blagojevich responded by seeking to appeal the case directly to the U.S. Court of Appeals. The judge agreed in November to grant that wish, so legal precedent may well be in the making in Illinois, with the following question now set to be decided by the U.S. Court of Appeals:

Whether Ill. Const. art. V, sec. 12, and 730 Ill. Comp. Stat 5/3-3-13(d) creates a liberty interest on behalf of applicants for executive clemency to have the governor rule on clemency petitions within a reasonable period of time after a recommendation has been sent to the governor by the Prisoner Review Board.

Now, with that in mind, it’s hard to believe Blagojevich’s rush to name an African America to Obama’s vacant Senate seat is anything but a cynical power play to save his own rear end and divert the sunlight from his legacy of incompetence [and now alleged corruption] as governor. That’s what we’re dealing with in this case.

The irony is, if the plaintiffs in the case succeed, and force the governor to act promptly and justly on their clemency petitions, it might well be Blagojevich who, down the road, benefits from such a ruling — or at least seeks to play that card in his own interest should his legal woes work out badly for him.