Yes, Rahm Can Still Be Recalled

January 5th, 2016 by Phil Leave a reply »

Today’s big news was that Governor Rauner came out in favor of LaShawn Ford’s recall bill. But the way the press picked up on it… let’s just say that some of them whiffed.

Let’s take the Sun-Times article first. Rauner said he hasn’t studied HB4356, but based on what he knows about, he’d sign it. Then he is quoted as saying that he would be “broadly supportive of the recall concept in general for all elected officials in the state.”

Two and a half weeks ago, this is what I said:

Rauner might even find it politically expedient to champion broader recall provisions, including ones that could ultimately make even himself subject to recall.

Now, I forgot at that point that gubernatorial recall actually had been snuck in to the Illinois Constitution in the aftermath of the Blagojevich mess. Bad on me there. But I got it right that Rauner would support recall, and I wasn’t just stabbing in the dark with that.

Now, Greg Hinz has his own theories about Rauner’s motivations. I’d say he’s got it mostly right. Importantly, Hinz nails the nuance in Rauner’s remark about the applicability of the law, and it’s something people really ought to pay closer attention to.

Back to the Sun-Times article first. Mark Brown wrote there: “Rauner said he has been advised any such legislation could not apply to current elected officials. That might tamp down the implication that he was taking a swipe at Emanuel, but you know that Emanuel doesn’t want the Legislature to pass such a bill.”

Then there’s the AP article which Crain’s picked up on. It just blandly states, off the top, that Rauner “says the law wouldn’t apply to Rahm Emanuel.”

But Hinz sees through it. He knows that it’s an open legal question as to whether the recall provision could apply to Emanuel. If the bill passes as is, and recall proceedings actually take off, then the whole mess will wind up in court. For a long time. And that will be terrible for Emanuel. Not as bad, you might argue, as being recalled. But it would involve an extremely expensive, extremely ugly, neverending public spectacle. It would cripple Emanuel’s ability to get much of anything of substance done. And that may very well be Rauner’s point… just like Hinz suggests.

Meanwhile, HB4356 has picked up three more sponsors… all of them suburban Republicans. Pat Quinn came out in favor of recall. More importantly, so did Lisa Madigan. And the General Assembly overplayed its hand when it put forward the constitutional amendment which allows for recalling the Governor without mentioning anyone else. Ford’s bill practically copies the language from the gubernatorial recall provision verbatim. This means that the General Assembly thinks recall is fine conceptually, right?

So this bill is not going to be killed off any time soon. It faces a more difficult road in the Senate, because John Cullerton is a much closer ally of Emanuel, but what’s being set up right now is a coalition of Republicans who want to please Rauner, Chicago Democrats who want to flaunt their independence, and… it won’t take a whole lot of other people. And while the reasons people might rally around recall might be to pursue their own agendas, in the end, recall should always be a fundamental democratic right.

In the wake of Rauner’s statement, look for more Republican co-sponsors, and look for more Chicago Democrats as well. Often bills like this would get assigned to Rules and buried there, but if that happens now, it will be blatant case of Michael Madigan protecting Emanuel. His best bet may be to let it squeak out of the House and then die in the Senate, if he and Cullerton are pretty sure that can happen. But can they really be sure?

This isn’t going away.

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