Federal Power to Remove Governors

Does the Federal Government have the power to remove state Governors? As I read the Constitution of the United States, I see that individuals have a right to a jury, due process, presumption of innocences (Coffin v. United States), people to be secure in their… effects and the rights of the states (10^th Amendment). However, I do not see that the Federal Government has the power to remove a Governor. The act of doing so is a violation of personal rights and states rights.

Judge and Jury: Prosecutor Patrick Fitzgerald

Patrick Fitzgerald, a Federal Prosecutor, was known for the Scooter Libby trial. Held a press conference about the charges and arrest of then Governor Rod Blagojevich. Fitzgerald started with, “This is a sad day for government. It’s a very sad day for the Illinois government. Governor Blagojevich has taken us to a truly new low.” As he delineated the alleged crimes of the accused and did it by including ‘exact’ quotes from the wiretap recordings (excluding the bleeps). In addition, Fitzgerald made a special note that none of the evidence points to President Elect Obama.

On a personal note from the Prosecutor, he expressed how horrified he and his staff was about the amount of corruption they witnessed and that “The conduct would make Lincoln roll over in his grave.” To his credit Fitgerald noted that he didn’t want to pre-try the case. (too late) A reported asked him to compare the FBI breaking into a governors office with the Nixon Watergate scandal. He said that everything they did was legal.

Introducing: Governor Rod Blagojevich

Rod Blagojevich, the former Governor of the State of Illinois. Governor Blagojevich was removed on January 29, 2009 by the Illinois State Senate based on alleged charges and accusations that have yet to be proven by Federal Prosecutors. Governor Blagojevich maintains his innocence and has challenged the government to play all 500 hours of wiretapped phone calls during the trial. This could generate a political fall-out for many politicians related to the state of Illinois, including President Obama and members of his administration.

My Opinion:

In the words of Patrick Fitzgerald, “This is a sad day for government.”

First, I loath it when prosecutors hold a press conference and fill it with personal opinions and attacks. They need to give the facts and answer questions truthfully. It appears that Fitzgerald is after publicity. This is a perversion of the justice system, his office is not there for personal gain or publicity, he is suppose to be a servant of the government. We also saw this with District Attorney Thomas W. Sneddon’s comments “We got him” and “Wacko Jacko” during the Michael Jackson prosecution. Again in the incessant desire for the police have the accused (not guilty) ‘perp-walked’ before the press.

Second, what happened to the presumption of innocences? Fitzgerald’s personal comments and reading of selected quotes from the wiretap recordings crosses the line. This evidence has not been challenged in a court before a judge, defense attorney and jury; some of it can be thrown out. Moreover, this is going to be a difficult case to prove and get a conviction; especially after boring and confusing a jury for 500 hours.

Third, why did Fitzgerald make a special note to proclaim President Elect Obama innocent? Why did he wait until after the election to indict Blagojevich? Why doesn’t he want to play all of the tapes to the jury, who else on the 500 hours of phone calls will suffer politically? Fitzgerald said that everything they did was legal, that remains to be seen once it’s been tested by the defense.

Fourth, the end result is something that should shake up the states, the Federal Government succeeded on forcing our a democratically elected Governor without due process, based on allegations and without the presumption of innocences. The impeachment was done by the state legislature which is legal; however, it was all based on Federal Government allegations which swayed public opinion against the Governor.

Now that they have success in doing it, they can do this to any governor they like, or dislike.