The question may be, who owns the Illinois Supreme Court ? Former White House Chief of Staff and ex-Congressman Rahm Emanuel is being tossed from the mayoral ballot by a three judge panel of appeals court judges.
They say he has not met the residency requirement to run for mayor......He says his job in DC was special and that service to his President precludes his lack of residency.
The city Board of Elections ruled in Emanuel's favor....But now...with ballots being printed...Mr Emaniel is asking the state's highest court to cut him some slack.
There is a lot of muscle on Rahm's side...not the least of which is the Presidency.
He clearly did not live in the Windy City as his house was rented out.....But it's hard to imagine the removal will hold.
Clout St: Emanuel asks Illinois Supreme Court for emergency stay
14 comments:
Obama is throwing him under the bus like he did with reverend wright.
Obama knows that he has to distance himself from everything and anything in his first two years.
nah, with that kind of corruption machine beind him I don't see why they jon't give him the job and forget the election altogether. That's probably the way it will work out. Some federal money has to change hands to get this show rolling.
Jeff, this isn't a case of asking Illinois' highest State appellate court to "cut him some slack" and make a "political" decision. You (rightfully) conclude that "Still it's hard to imagine that the removal will stick." Well, I agree with you, but on well-established legal grounds! As a lawyer I can tell you that in most states, if not all of them, including New York State, the law is settled on this point. His legal residence (domicile) remains in Illinois, and specifically in Chicago!
The Board of Elections got it right, and while I haven't read the opinion of the intermediate Appellate Court, and don't know the rationale of the majority, I can tell you this: Just as I am a legal resident (domicile) of Tucson, Arizona (even though I have only spent about four weeks out of the year there since 2006), Rahm E. never relinquished his Chicago, Illinois domicile status by (temporarily) living in the nation's Capital region (DC, Md, Va or wherever his house is) to serve in the White House.
Your blog implies that he is a shady carpetbagger to (return to his home city) to run for mayor, when he is fully entitled to do so!!!
Amazing... just amazing.
Let's see how quickly the Illinois Supreme reverses the Appellate Court decision to get this no-brainer situation corrected.
Jeff, I have just completed reading the Illinois Appellate Court's 42-page Opinion, including the dissent, in this case (see the link to the Decision in the article link at the end of your blog entry). Read it for yourself.
My initial reaction is as I expected it would be: The majority two Judges who ruled against Emanuel have a seriously flawed and in my view "contrived" legal reasoning.
And as I further expected my understanding of well-settled principles of law nationwide on this 'residency' issue over 40 years as a law student and lawyer are 100% consistent with J. Lampkin's reasoning as outlined in her dissenting opinion. Classic analysis, and as I said before, above, in my legal opinion, a no-brainer.
Don't be surprised if the Illinois Supreme Court UNANIMOUSLY reverses the Appellate Court decision, and restores Emanual to the ballot.
This isn't 'politics' its the proper interpretation of the applicable 'law' to the 'facts' of this case, as it should be.
[If there was any political shenanigans going on, I have to question both the motives and intelligence of these two Majority Opinion judges. Truly, I have never read a more poorly reasoned opinion in any case in my life! They really stretched it here to come to their conclusion!!! Really... very THIN ice!]
Doesn't matter. There is no law written that can stop a member of The Ruling Class from whatever agenda.
Strange that this war-monger found the time to serve as a civilian in the IDF during the Gulf War, yet hasn't worn uniforms issued by Uncle Sam.
Strange that this guy gets to knock over the Braun apple-cart without the sex/race obsessed MSM raising eyebrows.
Usual resume ... terrorist father ... Arby's as a teenager ... investment banking (wonder if he was involved in those demonized leveraged buyouts & debt equity swaps?) ... and Politics.
Certainly this creature has more in common with Hymie Weiss than Uriah Levy. Should make a fitting mayor for the Chicago machine.
Hello Larry. We like you on the radio.
There will be no delay on getting the Rahm man on the ballot. There is no more corrupt locale in the nation than Chicago. The judge that made this decision will disappear. Don't be surprised of Rahm man gets more votes than there are citizens in the city. That's a disgusting political machine Mr Daley has put together.
You must have been a great lawyer, Larry. You have already taken sides without even having read the decision. Does ya have a wee bit of partisanship going on here? Why don't you play another hand, breathe, and read the decision. Then let us know how you feel about it. Rahm appreciates your support. With Chicago's record of election fraud, I'm sure your residency in Prague will be no barrier to you voting in the general election.
I think Larry mentioned that he DID read the decision. He even pointed out where he found the link. (But he didn't mention if he thinks the case is about a DWI.)
While the law says that he is still a voter even if he is away serving the country it does not say he is eligible for office. Nor does the law say what can be used to determine that he is not a resident. It states what cannot be used...his absence. In this case the fact that he maintains no residence that he is absent from is a good indication that he is not a resident. Also the fact that he filed tax returns claiming to be a part time resident means he forfeited his residency part time.
It will b e interesting to see how this plays out. Do not be fooled into thinking the powerful want Rahm to win this. He is a black eye for the White house. They did not ask him to switch stages they asked him to get off the stage.
11:46 You have to understand, there is a big delay in posting around here. In Larry's first verbage, he had already formed his opinion, without reading the decision.
I'm with you. Rahm is just shedding light on the corrupt machine that hatched The Great One.
I usually refrain from getting into p*ssing matches in COMMENT sections on the Internet, especially with folks (cowards?) that hide their identities behind "Anonymous". But it is clearly YOU that STILL doesn't understand that I didn't have to READ the Appellate Court's majority opinion AT ALL to have an initial legal reaction, especially where the FACTS were publicly well-known and to lawyers, so were the generally accepted applicable principles of LAW! [But, obviously, YOU wouldn't know or understand that, would you?] That's what makes this case all the more unusual and brings into question the motives of these two justices that took Emanual off the ballot and disenfranchised the voters of Chicago and the process in general. It is the same reason that the Illinois Supreme Court is neither accepting ANY briefs nor hearing ANY oral arguments in this case!!! It is not necessary!
No-brainer, it's a no-brainer!!!
Jeff, not to gloat or anything, and I absolutely HATE people that say 'I TOLD you so!'... but, from the Huffington Post moments ago
"Today 0:13 AM CET Rahm Wins, Convincingly
"Appellate court judgment reversed; circuit court judgment affirmed."
With those eight words, the Illinois Supreme Court ended a week of drama (dare we say "dRahma"?) surrounding the Emanuel campaign for Chicago mayor.
All seven justices on the Court voted to overturn the ruling kicking him off the ballot. The unanimous decision is a tremendous boon to Rahm's campaign, and sure makes those two appellate court judges look a bit foolish.
Victory in hand, Rahm will now concentrate on the mayoral debate, which starts in less than two hours."
Impressive Lawyering, Larry. You knew Illinois law so well that you didn't even have to read it before you knew the decision would not stand. It would seem to be the basis of the decision would be fundamental to the success or failure of an appeal. I would have guessed that there were legal foundations on which they initially decided, and wanted to hear about them first. You however, appear unconstained by legal precedence. Instead of being a lawyer you should have just taken a job as a minor God in a small country somewhere. Maybe that was what you were seeking when you ran away.
DRahma...Good one Larry! You better not have stolen that from one of your communist Huff-sites without giving footnote credit.
I only glanced over the decision. I saw references to case precedents. Since I did not go on to read those cases, I am at a disadvantage. But I got the impression that all the cases sited were in reference to voting privileges. Rahm's case is not about voting privilege.
Since Rahm filed an Illinois tax return indicating he is a part time resident, it follows that Illinois law recognizes other definitions of what a resident is, besides the one specifically used for voting privilege.
With all due respect to Larry's credentials and my lack of any, we all know that this decision was reverse engineered.
So Larry, are you gonna vote for Rahm or not? From the argument you've made here and from listening to you on the radio, you're already registered in the right party. I doubt if it would matter in Chicago anyway. You can vote in NY too, as long as you're not military.
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