McHenry County Blog

After a Sunday spanking by the Chicago Sun-Times, Roland Burris, the man tainted Illinois Governor Rod Blagojevich appointed to replace President-Elect Barack Obama, has changed his syntax.

He has stopped referring to himself as
Holding a press conference at Chicago's Midway Airport, Burris said,

“I am the junior senator from Illinois...”

He used the same reference to himself in the first person singular at an African-American church Sunday after publication of the Sun-Times.

At about the same time as the press conference, CNN reported,

“Secretary of the Senate Nancy Erickson has rejected Roland Burris' appointment to the Senate, an aide to the secretary.”

Meanwhile, U.S. Attorney Patrick Fitzgerald got the three-month extension of time he sought before an indictment of Blagojevich must he filed.

For those of you who may not have noticed, that April 7th date is also the local election day outside of Chicago.

Chicago politicians believe in as few elections as possible, especially if it might result in President-Elect Obama's seat being taken by a Republican.

Labels: Barack Obama, Rod Blagojevich, Roland Burris

My eleven-year old and a friend were playing a Wii game called It's one of those monsters versus people and buildings games where the players reek mayhem throughout a major city and, having conquered, move on to another.

My son picked a giant squid, named, would you believe, When the street scene reached a building with the Chicago Tribune's logo on it, he called me and I took this photo.

The game designer certainly could not have known the Chicago Tribune would go into bankruptcy.

Labels: Bankrupt, Bankruptcy, Cal, Chicago Tribune, Rampage, Squid, Video Game

McHenry County Democrats couldn't put together a primary election where voters could cast ballots for their choices at their local polling places, but, on January 13th, the McHenry County Democratic Party web site announces party caucuses will be held for two townships.

Algonquin Township Democrats will gather in Lake in the Hills at the village hall at 600 Harvest Gate at 7 PM on Tusday, the 13th.

Nunda Township Democrats are scheduled to meet at the Nunda Township Hall, 3510 Bay Road, Crystal Lake, at 7 PM.

The web site also solicits candidates for local office and asks for those who campaign this past year to continue doing so for local office.

Labels: Algonquin Township Democrats, McHenry County Democats, Nunda Township Democrats

I've written about having read a study about the value of ballot position while in graduate school at the University of Michigan. A couple of researchers looked at every paper ballot in a municipal election in that state.

There definitely was an impact in elections with six or more people on the ballot.

Not so much impact in contests in which there were few candidates.

Having said that, appearing first on the ballot for the first office on the ballot might impress voters.

They might just think the first person was the incumbent.

In Grafton Township's Republican primary ballot, incumbent Township Supervisor John Rossi will appear second, below challenger Linda Moore.

Moore came within a couple of handfuls of votes of winning a seat on the Huntley School District 158 board of education in 2007. In fact, I thought she had won after looking at election night returns, but absentee votes put her slightly behind.

For township trustee there are six candidates, so ballot position might make a difference. Here is the result of the ballot order lottery:

1.   Gerry McMahon
2.   Barbara Murphy
3.   Betty Zirk
4.   Don Glogovsky
5.   Lois Brothers
6.   Rob LaPorta

Winning first position was Gerry McMahon, an ally of Linda Moore. Her other supporter, Don Glogovsky, drew a less favorable spot—4th. The others are incumbents.

Still the study showed the worst ballot position to be next to last. Incumbent Louis Brothers has that distinction.

= = = = =
Linda Moore is the woman on the right above who is just about to speak on the stage at Advocate Good Shepherd Hospital's intermediate care walk-in facility located across on Congress Parkway across from the new Pingree Road Metra Train Station. She resurfaced the idea to use wrist radios for elderly and youth who might walk away from home.

Labels: Ballot position, Barbara Murphy, Betty Zirk, Bob LaPorta, Don Glogovsky, Gerry McMahon, Grafton Township, Grafton Township Supervisor, John Rossi, Linda Moore, Lois Brothers

What can one possibly say about a politician who refers to himself in the plural or by his own name?

Since Roland Burris beat me by over a million votes in 1982 when I ran against him for State Comptroller, it would be unseemly for me to offer criticism.

Nevertheless, someone who has taken some courses in psychology might be able to offer some observations.

= = = = =
The article by Lynn Sweet appeared on page 2 of Sunday's Chicago Sun-Times.

Labels: Lynn Sweet, Plural, Roland Burris

You will remember that the day before Rod Blagojevich was arrested by the FBI, he let loose with this quote:

“I don't believe there's any cloud that hangs over me. I think there's nothing but sunshine hanging over me.”

This morning on “Meet the Press” that cloud blew into sight...again.

The broadcast came on the heels of the Chicago Sun-Times publication of a front page article saying Reid had called Blagojevich offering advice on his U.S. Senate pick.

Before he got arrested and before he picked Roland Burris.

According to the New York Times, Reid said,

“This is part of Blagojevich’s cloud. He’s making all this up. For anyone to suggest anything racial, is part of the Blagojevich spin.”

What's our governor supposedly making up?

The contents of this Chicago Sun-Times article, which says Reid told Blagojevich he didn't want three black male politicians appointed to replace President-Elect Barack Obama (Senate President Emil Jones and Congressmen Danny Davis and Jesse Jackson, Jr.), but two while female politicians (Attorney General Lisa Madigan and former congressional candidate and now Illinois Veterans Affairs Director Tammy Duckworth) would be just fine.

If the sources of the article trace back to Blagojevich, as Reid claims, then it is another appeal to a potential black jury to vote acquittal at the trial following the expected April 7th indictment.

And, if you wonder where the cartoon chicken head of Blagojevich came from, here's the answer.

Labels: Danny Davis, Emil Jones, Harry Reid, Jesse Jackson Jr., Lisa Madigan, Rod Blagojevich, Roland Burris, Tammy Duckworth, U.S. Senate

Here's the one inside the First United Methodist Church of Crystal Lake.

It's draped in white, although the focus on the colorful stained glass windows make that hard to see.

Labels: Cross, First United Methodist Church of Crystal Lake, Stained Glass Window

The attack on Governor Rod Blagojevich has turned bipartisan.

At the national level.

Unless you think the Department of Homeland Security is nonpartisan.

Because of his arrest, Illinois Gov. BeGONEvich is no longer privy to top secret information from the Federal government.

Not to worry, subordinates will still get the information.

And, it's not just Blagojevich being singled out.

Ex-New York Democratic Governor Eliot Spitzer got the same treatment when “it was revealed that he was a client of a prostitution ring under investigation by the federal government,” the Sun-Times article reported.

Labels: Eliot Spitzer, Rod Blagojevich, Security Clearance, Top Secret

Somehow I missed this change in one of my local ordinances.

Lakewood has banned fertilizers containing phosphorus.

Good for Lakewood!

That's an element that Crystal Lake has somehow managed to avoid becoming more polluted with, hearings on the McHenry County College baseball stadium zoning request revealed. Something about the elements in the gravel through which water is filtered on the way to the lake binding to the phosphorus. The “experts” were not completely clear as to the reason, just that that potential pollutant has not increased in the last twenty years.

Pretty amazing considering the Chem Lawn, etc., businesses have grown so much over the last two decades.

In November, Crystal Lake banned the use of phosphorus in new developments on the watershed.

That was not as courageous as the action taken by the Lakewood Village Board.

Crystal Lake has many, many homes in the watershed of Crystal Lake where there are no restrictions on the application of fertilizer containing phosphorus.

Since I haven't used fertilizers for years (it just encourages the grass to grow and you know who mows the lawn), having missed the new ordinance made no difference to me.

Labels: Crystal Lake Watershed, Fertilizer, Phosphorus, Watershed Ordinance

I found this sweatshirt in an airport.

Note the dog tag with a cross.

Labels: Cross, Dog Tag, Gun, Handgun, Isaiah 57:17, Message of the Day, Sweatshirt

Of course, Cheryl Meyer was probably a parent when she was a large part of the B.E.S.T. campaign to raise Huntley School District 158's tax rate 55 cents per $100 of assessed valuation and when she was paid to help pass Carpentersville School District 300's tax rate 55 cents per $100 (plus the

Last week in the Northwest Herald, there was no mention of her previous political activity.

May 17, 2005, the NW Herald identified Meyer as

“chairwoman of Building Exceptional Schools Together.”

No mention of that fairly significant political connection nor Meyer's managing of State Rep. Mike Tryon's fall campaign was made in the article.

December 31st, Meyer was just identified as a “parent” of “three children in the district.”

No mention of her strong support of the ruling majority on the District 158 Board of Education, as certainly was evident at the school board “going away party” before new members were sworn well over a year ago.

The NW Herald reports Meyer's thoughts:

“the district is 'on track now' after putting the strike behind it. But new faces on the board could make a difference during the next round of contract negotiations, she said.

"'I think that we've got some personalities on our school board that added a layer of tensions to negotiations that didn't need to be there,' said Meyer, who has three children in the district. 'I did feel it was a shame because in the past, this has always been a district that has had a good sense of collaboration between the board and teachers.'"

Anyone want to bet against Meyer's being heavily involved in this April's school board elections?

Labels: Campaign Manager, Cheryl Meyer, District 300, Huntley School District 158

Found on Randall Road, this red car had a license plate that my wife would not have on her car, let alone on her plate.

It says,
I wonder why some people don't like peas.

Labels: License Plate, Message of the Day, Peas, Randall Road

Governor Rod Blagojevich seeks ghost writer to capitalize on the national infamy he is orchestrating prior to his entry into confined spaces for a prolonged period of time.

Seeking assistant who will work for a cut of the profits. Assistant must be capable of rendering tape recorded “BLEEPS” into language acceptable to an editor.

Dan Walker's autobiography could be used as a template, cutting back and forth between prison memories and those of the outside world.

Experience in self-publishing might prove useful.

Labels: Dan Walker, Ghost Writer, Review, Rod Blagojevich

Maybe cats really are cave animals, as I read somewhere.

When this bag with poinsettias on it ended up on the kitchen floor, it was predictable that the Mitten would crawl inside.

Labels: Bag, Cat, Keely, Message of the Day

At one point I read a story in Springfield's State-Journal Register the Bill Cellini had invented and patented a shower curtain that bowed outward. He installed them in the Hotel Renaissance, which was financed by never-recovered state money approved by Governor Jim Thompson and State Treasurer Jerry Cosentino.

I have a feeling Cellini's excellent idea was widely copied by other companies.

We saw the same concept at the Key Lime Water Park in Gurnee last spring:

And this past weekend at the old Treasurer Island Hotel, now re-named Hotel Rome, there was another piece of Bill Cellini in the Wisconsin Dells bathroom, connected to the Mt. Olympus Water Park:

So, Bill Cellini doesn't have to be in the newspapers for me to think of him.

I remember him every time I see this quite practical and innovative idea.

Labels: Bill Cellini, Gurnee, Hotel Renaissance, Jerry Cosentino, Jim Thompson, Key Lime Water Park, Mt. Olympus Water Park, Shower Curtain Rod, Water Park, Wisconsin Dells

You know when I would schedule it?

Inauguration Day.

There will be hundreds of thousands of African-Americans in Washington that day to celebrate the swearing in of President-Elect Barack Obama.

If I were an ambitious black leader, I would be preparing for a demonstration to support continuation of one black United States Senator—Roland Burris.

And, if I were Barack Obama, I would ever so quietly pass the word to those white Democratic Party U.S. Senators to make sure than Burris was sworn in before my day in the international sun.

The alternative would be the danger of Burris being too large a story on January 20, 2009.

Can you think of a better end game for the racist pitch made by Illinois Governor Rod Blagojevich and Congressman Bobby Rush?

Labels: Barack Obama, Inauguration, Inauguration Day, Protest, Roland Burris, Washington

In its winter newsletter, the Village of Lakewood talks of “this unprecedented downturn,” while encouraging “you to support the existing businesses in our community.”

Presumably, village elders are seeking sales tax revenue from the very few retail establishments in the village.

It's explained that capital projects like roads, sewer and water mains, are financed by one-time revenues like utility tap-on fees for new homes.

Because of the economy, “nearly all infrastructure projects have been deferred until the number of housing starts increases.”

Property and sales taxes “are used for ongoing expenditures (Police and Fire services). Therefore, there will be few or no changes in the day-to-day services provided to you by the Village of Lakewood,” the newsletter says.

And, in a candid mode that I have seen few, if any other tax districts use, realistic information is given about taxes. The main article's author assumes a $400,000 home price and calculates that such a homeowner would pay $9,000 in real estate taxes.

Of that, 13% or about $1,200 would go to the Village of Lakewood. Of that, 60% goes to public safety. 24% to public works, 5% for building code enforcement and 12% for administration.

Less salt will be used this year, it is revealed later in the newsletter. “Unprecedented cost increases, short supply and negative environmental impacts” are cited as reasons.

Those wishing to run for election in the April 7th elections either in Lakewood or any other municipality besides Woodstock and Crystal Lake need to file petitions between January 19 and 26th. Petitions may be obtained at your village hall or, if you don't want them to know you are running, drop me an email and I'll pick up a set for you.

There a ridiculously low number of signatures needed to get on the ballot. It's 5% to 8% of those who voted in the last village election (or up to 50 more than the 5% minimum number).

= = = = =
The egret was found on the tree with hangs out over Crystal Lake next to the boat pier at Gate 9.

Labels: Crystal Lake, Egret, Lakewood, Lou Malnati's Pizzeria

McHenry County Blog has published over 6,000 articles. Above the masthead is a search engine. Just enter a key word, such as, McHenry County College, Baseball Stadium, Crystal Lake Watershed, TIF, District 158, District 300, developer or a politician’s name and you’ll see articles with that word.

I find that people want to share information. One asked for an email address. It is McHenry County Blog.

April 7, 2009.

That's the new Rod Blagojevich indictment deadline being sought by Chicago's United States Attorney Patrick Fitzgerald.

Too many tapped thousands of telephone calls to analyze.

Too many new witnesses to interview.

Too many potential defendants.

Grand juries on vacation.

But you can look at the sealed attachment, Judge.

And, by the way, attorney's for Rod Blagojevich and John Harris don't object.

Here's the legal filing:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA )
)
v. ) No. 08 CR 1010
)
JOHN HARRIS )


The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, respectfully moves this Court, pursuant to 18 U.S.C. § 3161(h)(8), for a 90-day extension of time, to and including April 7, 2009, in which to seek the return of an indictment against the defendants, for the following reasons:

1. This investigation was initiated in approximately 2003, and involves multiple potential defendants. Two individuals, defendants Rod R. Blagojevich and John Harris, were charged by way of a criminal complaint on December 9, 2008, with:

(a) conspiring to defraud the citizens of Illinois of their right to his honest services, as well as conspiring to obtain money and property by fraud, in violation of the mail and wire fraud statutes, 18 U.S.C. §§ 1341, 1343, 1346, and 1349; and

(b) corruptly soliciting and demanding the firing of Chicago Tribune editorial board members who had been critical of Blagojevich, in exchange for the awarding of millions of dollars in financial assistance from the State of Illinois, 18 U.S.C. § 666(a)(1)(B) and § 2.

2. Part of this investigation utilized Court-authorized Title III intercepts over multiple phones and in particular locations.

In the most recent set of Title III intercepts, thousands of phone calls were intercepted between late-October 2008 and early-December 2008.

In addition, this investigation has used confidential witnesses.

In addition, multiple witnesses have come forward in recent weeks to discuss their knowledge of criminal activity in relation to the ongoing investigation.

3. A number of factors have led to the government’s request for an extension and the length of the extension being sought.

One factor that affects the length of the requested extension is that federal holidays have limited the dates and times that the government will be able to present evidence to the Grand Jury. The federal grand juries are not sitting during the week of December 22nd (Christmas week) or the week of December 29th (New Years Day week).

The remaining factors that have led to the government’s request for an extension are stated in the Attachment hereto, which the government respectfully requests be placed under seal. The government is requesting that this Attachment be sealed so as not to compromise its ongoing investigation and so as not to reveal matters occurring before the Grand Jury.

4. Given the length of time that this investigation has been ongoing (more than 5 years), the number of intercepted calls involved, and the additional reasons stated in the government’s sealed Attachment, the thirty days available to the government pursuant to Title 18, United States Code, Section 3161(b) in which to file an indictment or information against a defendant based on his arrest will not be sufficient.

The United States estimates that a 90-day extension from the current expiration date of January 7, 2009, to and including April 7, 2009, will be sufficient time within which to return an indictment in this matter. The government does not presently plan to seek another extension of time to indict in this case.

5. Among the factors identified by Congress as relevant to the determination whether time should be extended for indictment are those set forth in 18 U.S.C. § 3161(h)(8)(B), which provide in relevant part:

Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution... that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by this section; [or]

Whether, in case in which arrest precedes indictment, delay in the filing of the indictment is caused because the arrest occurs at a time such that it is unreasonable to expect return and filing of the indictment within the period specified in section 3161(b), or because the facts upon which the grand jury must base its determination are unusual or complex.

Whether the failure to grant such a continuance in a case which, taken as a whole, is not so unusual or so complex as to fall within clause (ii), would deny the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.18 U.S.C. §§ 3161(h)(8)(B)(ii), (iii), and (iv).

6. The government respectfully submits that a 90-day continuance is warranted in this case pursuant to the forgoing provisions. The government has been conducting a diligent and thorough investigation in this case, but the investigation includes multiple defendants and potential defendants as well as thousands of intercepted phone calls, and additional factors warranting an extension of time (as cited in the government’s Attachment) exist. The government cannot complete its investigation and appropriately conclude the investigation within the time allowed under Section 3161(b) of the Speedy Trial Act currently extended.

7. Following telephone calls and/or meetings over the past week, counsel for both Blagojevich and Harris have represented that they do not object to this motion.

WHEREFORE, the United States respectfully requests a 90-day extension of time from January 7, 2009, to and including April 7, 2009, in which to seek an indictment in this case.

Respectfully submitted,

PATRICK J. FITZGERALD
United States Attorney

By: s/ Reid Schar
REID SCHAR
CHRIS NIEWOEHNER
CARRIE HAMILTON
Assistant United States Attorney
United States Attorney's Office
219 South Dearborn Street
Chicago, Illinois 60604
(312) 353-8897

Dated: December 31, 2008

Labels: Carrie Hamilton, Chris Niewoehner, John Harris, Patrick Fitzgerald, Reid Schar, Rod Blagojevich, U.S. Attorney

Tuesday Sun-Times cartoonist stuck Governor Rod Blagojevich's tongue on the frozen pole, “A Christmas Story”-style.

Just as Ralphie did in 1983, Rod has his tongue stuck to a pole, but Rod's is not in his school yard.

It's to a street sign at the corner of Scandal and something.

So, here's the question:

If his tongue is stuck to a pole, how did he manage to hold a press conference yesterday to announce the appointment of Roland Burris to the U.S. Senate seat left empty by President-Elect Barack Obama?

Labels: A Christmas Story, Ediitorial Cartoon, Jack Higgins, Ralphie, Rod Blagojevich, Roland Burris, Scandal

Look what happened to the roof over the gas pumps at the Clark Oil Gas Station on Route 14 at Dole Avenue.




Getting the work done before January 1st means that it will be at least partially taxable for real estate taxes the year after next.

Labels: Clark Oil, Clark Station, Crystal Lake, Dole Avenue, Heavy Snow, Roof Collapse, Route 14, Snow

The kids were calling it tobogganing the Friday before last, but it looks more like body surfing to me.

Body surfing down the now-diminished snow pile created from snow that covered our driveway.

Labels: 275 Meridian Street, Body Surfing, Message of the Day, Snow Surfing, Surfing

The race card is a time-honored one in Illinois politics.

And, with Governor Rod Blagojevich's appointment of Roland Burris to the U.S. Senate seat vacated b by President-Elect Barack Obama, it is the second time it has been played in the game of gubernatorial corruption trial jury selection.

You will, of course, remember former Governor George Ryan's not-so-subtle appeal to Chicago's black community by his announcement of the moratorium on executions. That happened the day after an evening WBBM-Radio story that the selling of drivers' licenses investigation was moving to Ryan himself.

Now, although Blagojevich is not at the jury stage of the legal process. He has (just) been arrested as a result of a criminal complaint.

But it's not too early for one expected to stand trial in Chicago to try to win sympathy from potential jurors.

With the Governor having his strongest support in black neighborhoods, excuse me if I think Blagojevich is shopping for just one sympathetic juror with his pick of Roland Burris for U.S. Senate.

The seeming accidental appearance of Congressman Bobby Rush resulted in his playing the race card on a national level.

You see, Barack Obama MUST be replaced by a black or those opposing such a race-based selection are, well, racists.

Watch the pressure that will be put on Secretary of State Jesse White, who has said he will not process the paperwork for any U.S. Senate choice made by Blagojevich.

And, if White caves, which I do not expect, because he was elected with strong white support, the pressure on Democratic Party U.S. Senators with significant black electorates will be fun to watch.

Will trying to avoid the taint of Democratic Governor Rod Blagojevich's corruption in Illinois be more important to U.S. Senate Democrats elsewhere in America than the wishes of their own black constituents?

As I said, the process will be fun to watch.

The United States Supreme Court may let the Democratic U.S. Senators off the hook. There is precedent from the U.S. House's refusal to seat Adam Clayton Powell, a flamboyant black minister who played loose with his Education and Labor Committee budget. The Supreme Court ruled the House could not impose requirements that were not in the United States Constitution and who had been elected to Congress. Of course, the parallel is not complete since Burris will have been appointed.

Irritating, however, will be Roland Burris' insistence in referring himself in the third person. I figure when a politician refers to himself by using his own name he is either insecure or too big for his britches.

We do know something about Burris' outlook on public policy, however. He has actively advocated tax hikes.

Also pointing to the "race card" is law professor Bill Jacobson's blog Le·gal In·sur·rec·tion.

= = = = =
Those with long memories will remember that in 1982 I gave Roland Burris bragging rights that he had carried the State of Illinois by over 1 million votes. That was the year I ran on Jim Thompson's ticket for State Comptroller.

I hear statements from some on TV that Burris has a spotless record.

No pay-to-play in his background.

Perhaps as you read in the Tribune tomorrow about the $20,000 or so in contributions to Rod Blagojevich from Burris' law firm (and perhaps from other sources) and the contracts that law firm had as bond counsel and in certifying minority vendors for the Illinois Department of Transportation, perhaps you will be a bit suspicious. (I would note that the people sitting next to my office in the Department of Central Management Services certified minority and female-owned firms in-house. Why would an outside law firm be required. I even investigated a supposed female-owned firm and could only find a secretary who was a woman.)

And, when Burris was Governor Rod Blagojevich's Director of (then, General Services, now) Central Management Services, he signed a lease for 910 S. Michigan Avenue for the Illinois Bureau of Employment Security and received contributions from its owner. And how did Unisys get that big contract from Burris?

Labels: Bill Jacobson, Dan Walker, Legal Insurrection, Roland Burris, State Comptroller, Tax Hike

On Christmas Day, we go to my brother-in-law Joe's home to open presents.

Imagine my surprise when he comes down from upstairs wearing this homemade lettered tee shirt.


It says,

Those with long memories may remember that I ran against Rod Blagojevich and Jim Ryan for governor on the Libertarian Party ticket in 2002, receiving about 2% of the vote. Blagojevich beat Republican Ryan, whose largest lifetime contributor was Stuart Levine, by more than 2%.

Labels: Cal Skinner, Don't Blame Me, Libertarian Party, Message of the Day, Rod Blagojevich, Stuart Levine, T-Shirt, Tee Shirt

McHenry County Blog made a list of blogs about Governor Rod Blagojevich by a New York law professor, which led to my being contacted by Bruce Hopwell.

Here's how Cornell Associate Clinical Law Professor describes McHenry County Blog on his Le·gal In·sur·rec·tion's "The Official Guide To Blagojevich Blogs:"

McHenry County Blog - Focuses on McHenry County (duh!) but now on the trail of Blago, with great screen shots of headlines and videos.

Hopwell sent me this email:

BLAGOJEVICH / O.J. SIMPSON COMBO PARODY FROM PARODY & SON

What do you get when you cross a corrupt Illinois governor with a double-murdering ex-NFL star?

Musical parody magic!!

Follow O.J. Simpson and Rod Blagojevich on the road to prison, and see all the loveable lawbreakers and famous felons they meet along the way. Check out “All-Star Jailhouse Rock” at http://www.youtube.com/watch?v=OBdkTaoavXI . Please feel free to post or just pass around.

Take a look and we think you’ll agree: what we do to this Elvis classic is criminal!

Thanks,

Bruce and Ross Hopman
(a.k.a. Parody & Son)

I asked him where he was from and got this answer:

That's a tough one.
When it's cold, I'm from Florida.
When it's hot, I'm from New York.

But Chicago really is my favorite city -- despite all of this nonsense!!

(And I once shot a commercial with Michael Jordan, so doesn't that give me honorary citizen status or something?)

OK. Here's his and his son's parody:

Labels: Bruce Hopman, Rod Blagojevich, Ross Hopman

This road, that is.

Some call it Walkup Avenue, others the McHenry Blacktop.

McHenry folks may call it the Crystal Lake Blacktop.

And, yesterday, I heard it called Walkup Road.

Whatever one calls it, this portion of the road is rivaling the worst road in the Village of Bull Valley.

Bull Valley is noted for its b-b-umpy roads.

The photo on top shows a hurriedly shot picture taken in the middle of the McHenry Blacktop in front of the Mormon Church.

Traffic was a bit too heavy to be doing something like this in the middle of the road.


Going out of town at the end of Veterans Acres, people are traveling slow enough to try to dodge the potholes.

Coming into Crystal Lake, if drivers don't know of the bumps in the road, they just plunge off the good part of the highway that is good into two potholes.

There is not problem hearing when their wheels bottom out.

I called the County Transportation Department and found Maintenance Superintendent Mark DeVries.

“We have two crews out and Walkup is on their schedule,” he told me. (We always have one crew out,” he added later.)

“That's probably the worst stretch,” he suggested.

I asked about when that small part of Walkup would be repaved.

“There's a project for Walkup Road, the whole road, for widening and turn signals and turn lanes, but they may stage it,” DeVries told me. He's not really the one to ask about such matters.

Yesterday McHenry County Highway crews were repairing Bay Road, Main Street west going out of town, “right down by the bridge,” besides the McHenry Blacktop near in front of the Crystal Lake LDS Church.

I asked DeVries how he learned about problems on county boards and was surprised to learn that members of the public rarely call. The snowplow guys (of whom I am a fan) turn identify many.

So, if a pothole on a county road is bothering you, give DeVries a call 815-334-4960.

All photos can be enlarged by clicking on them.

Labels: Bull Valley, FedEX, Mark DeVries, McHenry Blacktop, McHenry County, McHenry County Transportation Department, Walkup Avenue

It's hard to believe, but Chicago's United State's Attorney Patrick Fitzgerald is asking permission to give certain wire taps of Rod Blagojevich that led to his arrest to the Illinois House of Representatives Impeachment Committee.

Fitzgerald seeks to reveal redacted portions of four telephone conversations.

His motion follows:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
In re: Motion to Disclose )
Intercepted Communications )
) No. 08 CR 1010
)
)
UNITED STATES OF AMERICA )
)
)
ROD BLAGOJEVICH and )
JOHN HARRIS )


The UNITED STATES OF AMERICA, by its attorney, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, respectfully submits this Motion to Disclose Intercepted Communications to the Special Investigative Committee of the Illinois House of Representatives, and in support of the motion, states as follows:


1. On October 29, 2008, pursuant to Title 18, United States Code, Section 2518, this Court entered an order authorizing the interception of oral communications, for a thirty-day period, on the residential phone of Governor Rod Blagojevich. On November 26, 2008, this Court (through the then-acting chief judge) extended the authorization for another thirty-day period. In November 2008, this Court authorized the interception of oral communications on the cellular phone of Lobbyist 1. Special Agents of the Federal Bureau of Investigation monitored and recorded communications over these target phones.

2.On December 9, 2008, agents of the Federal Bureau of Investigation arrested Governor Blagojevich pursuant to a criminal complaint. The criminal complaint charges Blagojevich with two counts:

a. First, Blagojevich is charged with conspiring to defraud the citizens of Illinois of their right to his honest services, in violation of the mail and wire fraud statutes, 18 U.S.C. §§ 1341, 1343, 1346, and 1349. (08 CR 1010, Docket Entry No. 1.) Specifically, the complaint charges that Blagojevich, together with others, obtained and attempted to obtain financial benefits for Blagojevich, members of his family, and third parties including Friends of Blagojevich, in exchange for appointments to state boards and commissions, state employment, state contracts, and access to state funds. Id. ¶ 13(a), ¶¶ 16-68.

It is also charged, as part of that continuing honest services fraud scheme, that Blagojevich conspired and attempted to use his authority to appoint a United States Senator for the purpose of obtaining personal benefits for Blagojevich, including, among other things, appointment as Secretary of Health & Human Services in the President-elect’s administration, and alternatively, a lucrative job which Blagojevich and others schemed to induce a union to provide to him in exchange for appointing an individual whom Blagojevich believed the union officials favored. Id. ¶ 13(c), ¶¶ 86-116.

b. Second, Blagojevich is charged with corruptly soliciting and demanding the firing of Chicago Tribune editorial board members who had been critical of Blagojevich, in exchange for the awarding of millions of dollars in financial assistance from the State of Illinois, 18 U.S.C. § 666(a)(1)(B) and § 2. Id. ¶ 13(b), ¶¶ 69-85.

3. The Illinois Constitution grants the state House of Representatives “the sole power to conduct legislative investigations to determine the existence of cause for impeachment . . . .” (FN 1) Ill. Const., Article IV, § 14. On December 15, 2008, the Illinois House of Representative adopted resolution HR1650 by a vote of 113 to zero. The resolution created a Special Investigative Committee “for the purpose of

(i) investigating allegations of misfeasance, malfeasance, nonfeasance, and other misconduct of Governor Rod R. Blagojevich and

(ii) making a recommendation as to whether cause exists for impeachment.”

The resolution requires the Committee, 1 which is composed of 21 members of the House, to submit a report to the full House before the expiration of the 95th General Assembly at midnight on January 14, 2009.

= = = = =
FN 1-The text of HR1650 is attached as Exhibit 1. 1

= = = = =

4. The United States has received a bipartisan request from the Committee for the disclosure of various materials, including intercepted communications. (FN 2) The Committee’s leadership and staff have represented to the government that they seek such disclosure in the interest of making a fully-informed investigation and report, but without interfering with the federal criminal investigation or prosecution.

= = = = =

FN 2-A copy of the letter from the Committee is attached as Exhibit 2. 2 assistance from the State of Illinois, 18 U.S.C. § 666(a)(1)(B) and § 2. Id. ¶ 13(b), ¶¶ 69-85.
= = = = =

5. After careful deliberation, the government applies for authorization to disclose a limited number of intercepted communications in redacted form.Although many relevant communications were intercepted, the government believes that, on balance,

it is appropriate to seek the disclosure of four intercepted calls, in redacted form, to the Committee, and that disclosure of the calls by themselves would not interfere with the ongoing criminal investigation.

These calls bear on a discrete episode of criminal conduct alleged in the complaint affidavit, specifically at Paragraph 68(e), and the calls are evidence of a criminal offense that the government was authorized to monitor under the wiretap order.

Under separate cover and under seal, the government provides to this Court for its ex parte, in camera review, both a set of the full audio recordings of these four calls (Exhibit 3) and a set of proposed redacted recordings (Exhibit 4) omitting portions of the conversations not material to the episode described in Paragraph 68(e) of the complaint affidavit. (FN 3)

= = = = =
FN 3-Similarly, the government will also provide to the Court, ex parte (at least for the time being) and under seal subject to a protective order, draft transcripts of the full and the redacted calls when the drafts are completed.
= = = = =

6. The United States takes no position on whether or not the Committee should recommend impeachment, whether the House should file articles of impeachment, or, if articles of impeachment are filed, whether the Senate should convict on any charges. By filing this motion, the United States presents only questions of law for this Court’s consideration and resolution, namely, whether the Special Investigative Committee is qualified to receive disclosure of, and thereafter to use, intercepted communications under 18 U.S.C. § 2517(1) and (2).


7. As discussed more fully below, although Title 18, United States Code, Section 2510, et seq., does not necessarily require the government to obtain judicial authorization before disclosing intercepted communications to other law enforcement or investigative officers, the government does so here out of an abundance of caution and in order to afford the interceptees in the recorded calls an opportunity to be heard and to object, if they so choose, under 18 U.S.C. § 2518(10)(A). Section 2518(10)(A) permits any “aggrieved person,” that is, an interceptee (FN 4), to file a motion to suppress the 4 contents of an intercepted communication.

= = = = =
FN 4-The definition reads in full: “aggrieved person’ means a person who was a party 4 to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.” 18 U.S.C. § 2510(11).
= = = = =

8. As a threshold matter of procedure, the government requests authorization to disclose, under seal and subject to a protective order, the full and redacted versions of the four recordings to those interceptees who participated in the respective calls. See § 2518(10)(A) (empowering court to order disclosure of those intercepted communications that, “in the interests of justice,” are necessary to litigate suppression motion). If the Court were to grant such authorization, each interceptee would receive (under seal and subject to a protective order) only those calls in which he participated. (FN-5) The proposed protective order would be submitted to the Court via electronic mail pursuant to the Court’s case management procedures.

= = = = =
FN 5-The government would have no objection to disclosing all four of the redacted versions of the calls to all of the interceptees, including those who were not a party to all four calls. If disclosure to the Special Investigative Committee is ultimately approved, the four calls will likely be viewed together as relating to one alleged criminal episode, and it may thus be appropriate for the interceptees on any one call to receive copies of all four redacted calls in order to respond to this motion.
= = = = =

9. Section 2517(1) of Title 18 authorizes an investigative or law enforcement officer to disclose the contents of intercepted communications to another “investigative or law enforcement officer” for the proper performance of his or her duties:

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

18 U.S.C. § 2517(1).

10. Section 2510(7) defines “investigative or law enforcement officer” as

“any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.”

18 U.S.C. § 2510(7) (emphasis added).

11.For reasons firmly grounded in statutory text and case precedent, the government believes that state legislative officials and their staff who are investigating whether to recommend impeachment qualify as “investigative or law enforcement officer[s]” to whom federal officers may disclose intercepted communications in the proper performance of their duties.

a. First, the text of § 2510(7) is broad, and includes not only those officers who have power “to make arrests,” but rather also includes those empowered “by law” – with no limitation to federal law – “to conduct investigations” of federal offenses. Exercising authority founded on the Illinois Constitution, the House of Representatives enacted – “by law” – the resolution which created the Special Investigative Committee and granted the Committee comprehensive authority to

“investigat[e] allegations of misfeasance, malfeasance, nonfeasance, and other misconduct of Governor Rod R. Blagojevich.”

The broad mandate of the Illinois Constitution and the House resolution encompasses the investigation of alleged federal crimes committed by Blagojevich.

b. Federal courts have construed the scope of an officer’s investigation as including federal offenses so long as the federal offenses may be the predicate for action by the investigatory authority. For example, the Eleventh Circuit affirmed an order permitting disclosure of intercepted communications to the federal House Judiciary Committee, which was investigating whether to recommend impeachment of a federal judge in Florida. In re Grand Jury Proceedings, 841 F.2d 1048, 1054 (11th Cir. 1988), affirming In re Grand Jury 86-3 (Miami), 673 F. Supp. 1569, 1574 (S.D. Fla. 1987). The House Judiciary Committee was qualified to receive disclosure of intercepted communications because it was investigating possible impeachment of the judge, and impeachment may be based on the commission of a federal offense.

c. Similarly, the Sixth Circuit held that where an attorney disciplinary commission could disbar a lawyer for professional misconduct, including the commission of a federal offense, investigation of the federal offense is within the investigating commission’s authority. In re Electronic Surveillance, 49 F.3d 1188, 1190 (6th Cir. 1995). So too with Pennsylvania State Police officers who were conducting, on behalf of the state’s gaming control board, a background investigation of an individual who had applied to the gaming board for a gambling license. In re Application of United States, 431 F. Supp.2d 544, 547 (E.D. Pa. 2006).

12. Because the Special Investigative Committee impeachment investigators qualify to receive the disclosure of the four intercepted communications that the government seeks to disclose, the Committee may further “use” the communications “to the extent such use is appropriate to the proper performance of [their] official duties.” 18 U.S.C. § 2517(2). Both this provision, as well as § 2517(3), permit further disclosure of the communications into the Special Investigative Committee’s record, because such record is compiled as part of a “proceeding held under the authority . . .of any State or any political subdivision thereof.” 18 U.S.C. § 2517(3).

a. The term “proceeding” is broad – indeed the term is modified by the word “any,” which is itself a signal that Congress intended “proceeding” to take a broad meaning. The Seventh Circuit noted, in dictum, that § 2517(3) seems to be complementary to § 2515, which is the statutory provision that contains the general ban on the use of intercepted communications obtained in violation of Title III as evidence in “

any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof . . . .”

18 U.S.C. § 2515 (emphasis added) (quoted by In re High Fructose Corn Syrup Antitrust Litigation, 216 F.3d 621, 624 (7th Cir. 2000)). The Seventh Circuit labeled the two provisions “complementary,” stating that the word “proceeding” in § 2517(3) “seems merely a shorthand for the longer and unambiguous definition in the complementary section 2515.” 216 F.3d at 624.

b. Furthermore, the legislative history makes clear that the text means what it says, and that “proceeding” is not limited to criminal prosecutions. In re Electronic Surveillance, 49 F.3d at 1193 (attorney disciplinary commission is a covered proceeding) (citing Organized Crime Control Act of 1970, Pub.L. No. 91-452, § 902(b), 84 Stat. 947 (1970), and H.R.Rep. No. 91-1549, 1970 U.S.C.C.A.N. 4007, 4036)). As the Sixth Circuit explained, before 1970, the “disclosure of intercepted communications could only be made in connection with state and federal criminal proceedings. Congress amended the subsection (3) in that year to allow disclosure in any authorized proceeding.” 49 F.3d at 1193 (emphasis added).

c.Likewise, federal court decisions interpreting § 2517(1) in the context of disclosures to a federal House Judiciary Committee and a state gambling license commission give a broad definition to the term “any proceeding.” See 841 F.2d 1048, 1054; 431 F. Supp.2d 544, 547.

d. For the reasons stated above (broad statutory text, legislative history, and case precedent), the proceedings before the Special Investigative Committee and any further impeachment proceedings should also be deemed to qualify as “any proceeding” in which the intercepted communications may be disclosed.

13. For all the foregoing reasons, the United States respectfully asks this Court to rule on the questions of law presented and to order that:

a. the United States is authorized to serve, under seal, copies of the full and redacted recordings on the respective interceptees, subject to a proposed protective order that the government will submit to the Court pursuant to its case management procedures;

b. the interceptees and the Special Investigative Committee shall be given an opportunity to respond;

c. after hearing from all parties, the United States is authorized to disclose to the Special Investigative Committee the four intercepted communications identified by the government and redacted as Exhibit 4; and

d. the Special Investigative Committee is authorized to use the intercepted communications as appropriate in the proper performance of official duties,