Blagojevich Busted

SPRINGFIELD, Ill. (CBS) ― Illinois Attorney General Lisa Madigan has filed a motion with the state Supreme Court to declare governor "unable to serve" and have him removed from office.

The attorney general asked the court for a temporary restraining order or an injunction that prevents Blagojevich from serving as governor. The filing says he is "unable to serve as governor due to disability and should not rightfully continue to hold that office."

"The pervasive nature and severity of these pending charges disable Mr. Blagojevich from making effective decisions on critical, time-sensitive issues," the filing said.

Rather than having Blagojevich deposed permanently, the filing asks that he be temporarily removed and stripped of several specific powers, and that the lieutenant governor assume Blagojevich's powers. Madigan said the Illinois General Assembly would still have to take action to impeach Blagojevich.

The governor was arrested on Tuesday on federal corruption charges, including a scheme to sell off President-elect Barack Obama's vacant Senate seat.

It is the first time in Illinois history that such an action was taken. The attorney general is applying a rule that was intended to cover cases where a governor is incapacitated for health reasons. Her motion indicates that his inability to serve because of the scandal is akin to a debilitating health issue.

But Blagojevich is "incapable of governing," Madigan told reporters. 

"I recognize that this is an extraordinary request, but these are extraordinary circumstances," Madigan said. "As we learned on Tuesday morning, U.S. Attorney Patrick Fitzgerald arrested Governor Blagojevich at his home and charged him with criminal conduct that Fitzgerald describes as a political corruption crime spree," Madigan said at a news conference at the Thompson Center.

Madigan said Blagojevich had lost all his legitimacy to act as chief executive.

"As governor, Mr. Blagojevich's duty is to do what is best of the people of the State of Illinois, not for himself," Madigan said. "In light of his arrest and the filing of the criminal complaint, Governor Blagojevich can no longer serve and fulfill his duties with any legitimacy."

The state Supreme Court has discretion about whether to hear the case, Madigan said. She added that while she encourages state lawmakers to "move forward with impeachment proceedings, the impeachment proceedings will take time."

"My pleadings are not about whether the governor's conduct should result in his criminal conviction," Madigan said. "This case is about whether the governor has the ability to legitimately and effectively carry out his duties and exercise authority as governor."

Former White House Counsel Abner Mikva and Chief Deputy Attorney General Barry Gross are serving as assistant attorneys general in the case. Mikva, also a federal judge and former U.S. Congressman, is a close adviser and friend to Barack and Michelle Obama, and an early endorser and supporter of the President-elect. 

CBS 2 Chief Correspondent Jay Levine reports that Madigan has indicated that the timing of the motion was based on her desire to make sure the Illinois Supreme Court saw the motion before it was released to the public. She wants the state's highest court to hear it directly from her, which is why the motion was filed around 10:44 a.m. and a news conference was scheduled for 11:15 a.m.

Madigan's father, House Speaker and longtime Blagojevich rival Michael Madigan, has expressed private reservations about the use of the state Supreme Court to remove the chief executive of the state.

CBS 2 Political Editor Mike Flannery says Speaker Madigan has some concern about the precedent that might be set by using the "unfit to serve" clause. But Lisa Madigan has often departed from her father in her policies.

State Rep. Jack Franks (D-Woodstock) has also raised issues about Madigan's motion, says going to the state Supreme Court sets what he calls a dangerous precedent. Franks says the decision on the fate of the scandal-plagued governor should be left to the general assembly and not the courts.

Madigan has previously talked about a run for governor in 2010. Her name has also been floated for President-elect Obama's old Senate seat, although she said she has never been approached for it. But Madigan said politics were not her concern when it comes to this motion.

"I haven't been thinking about politics all week long, and at this time I have no comment on my political future," Madigan said. "I am very happy serving as attorney general, even in these pressing times."

Legislative leaders planned a special session Monday to strip Blagojevich of his power to pick a new U.S. senator, putting the decision in the hands of Illinois voters instead. Lawmakers also prepared to discuss the possibility of impeachment.

"I have the opportunity to go to our Illinois Supreme Court and ask them to declare our governor is unable to serve and put in our lieutenant governor as acting governor," Madigan said.

CBS 2 has learned that the governor is actively considering resigning from his post, sooner rather than later. But on Thursday night, a spokesman was not saying when that might happen.

On Friday, the governor's chief of staff, John Harris, resigned.
He was arrested along with Blagojevich Tuesday morning and was later released on bond. Harris also is accused of plotting to sell Obama's Senate seat.

CBS 2 Chief Correspondent Jay Levine, Political Editor Mike Flannery, Derrick Blakley and the Associated Press contributed to this report.

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