Frog-Marching Illinois into the Dark Past

 

Photo of Gov. Bruce Rauner, from Wikipedia at https://en.wikipedia.org/wiki/Bruce_Rauner.

Illinois Gov. Bruce Rauner, elected in 2014 and up for re-election this year as the Republican nominee, has made manipulative politics the centerpiece of his first term, at the expense of passing a budget through a Democrat-dominated legislature. Illinois has had such split governance before, but other governors at least understood that their first responsibility was to pass a budget so the state could pay its bills, even if that required some compromise. Rauner instead has thrown down the gauntlet repeatedly, often on issues such as right-to-work legislation that were not directly related to the budget but became his bludgeons to get what he wanted. The result was a two-year stalemate that saw Illinois continue many of its programs under court mandates rather than through legislation. Finally, enough Republicans bucked their own governor last year to force the issue and approve some tax increases to begin to pay down the state’s backlog of debts to social service providers, school districts, and state universities, among others.

You might think that, by now, Illinois would have had enough of such counterproductive, divisive politics. Compromise and disagreement always have co-habited in politics, mostly by necessity. Even in the era of Donald Trump, even in a gubernatorial election year, acting like an adult should still count for something.

Instead, Rauner on Monday used his line item veto power to revise a gun law passed by the legislature to attempt to reinstate the death penalty. The gun law would establish a 72-hour “cooling-off” period following the purchase of an assault weapon. Legislators have considered several proposals in response to the recent wave of incidents of gun-related violence around the nation and in the state. Rauner also stated that he believes the 72-hour rule should apply to all gun purchases, and proposed other gun-control measures, but it is hard to take him seriously when he makes the legislation contingent on an unrelated death penalty provision. Rauner understands all too well the political divisions inherent in gun policy, having barely survived a primary challenge from St. Rep. Jeanne Ives, a right-wing Republican from Wheaton, in the conservative evangelical heart of the Chicago suburbs. It is far easier to see a streak of raw cynicism behind Rauner’s move: How desperate are gun-control advocates to get something passed? Desperate enough to split the Democratic base by supporting reinstatement of the death penalty?

It is important to understand just how cynical this is in the context of recent Illinois history. The last Republican governor, George Ryan, placed a moratorium on the death penalty in 2000 because he found himself increasingly troubled by the number of wrongful convictions in Illinois and the possibility that, in denying clemency, he could be signing the death warrant for an innocent person. In 2003, before leaving office, Ryan commuted the sentences of all death row inmates. Despite considerable criticism at the time, Ryan mounted a stout defense of his actions.

This has been no small matter in Illinois. The list of exonerations in recent decades runs on for pages. The City of Chicago has already paid out more than $100 million in reparations for wrongful convictions resulting from forced confessions, extracted through torture, by police detective Jon Burge, subsequently convicted himself in federal court for obstruction of justice and perjury. That is not even close to the end of the story; the overall total of settlements for police misconduct, according to the Better Government Association, totaled well in excess of $500 million by 2014. Thus, the move by Ryan served to open the floodgate of grievances and reservations that finally led the legislature to abolish the death penalty in 2011, signed into law by Gov. Pat Quinn.

In the meantime, Ryan himself went to federal prison on corruption charges, followed a decade later by his Democratic successor, Gov. Rod Blagojevich, who himself seemed intent on proving that one need not be an adult to hold high office. Blagojevich is still appealing a 14-year sentence and hoping for clemency from President Trump. Illinois has had a colorful, but hardly confidence-inspiring, political history.

It is thus small surprise that there is little voter sentiment for what Rauner has now suggested. The notion that it may be better to let a murder convict sit in prison, where at least he or she may still be alive if or when a wrongful conviction is overturned, seems to have become the dominant sentiment among most of the body politic. Illinois does not need to revisit that conclusion so soon after achieving this historic landmark in its long history of criminal jurisprudence. We still don’t know what other innocent persons might be sitting on death row if the state had not ended the death penalty.

Rauner is trying to parse the distinction between potential wrongful convictions and legitimately convicted murderers by limiting the application of the death penalty in his amendatory veto language to those who murder police officers or kill two or more people. Asked why his proposal should not include murder of firefighters or teachers, Rauner declared himself open to expanding the list of victims for which the new death penalty would apply.

And thus, Rauner begins the process of frog-marching Illinois back into its dark past, picking scabs and reopening old wounds from a past that most of us have already chosen to put behind us.

Rauner also introduced in his amendatory veto a new standard of “beyond all doubt” in place of “beyond all reasonable doubt” for such convictions. But in practice, how does a jury, or a judge, truly distinguish one from another? If any doubt exists about convicting a defendant in a murder trial, shouldn’t that doubt be “reasonable” before it is even considered? In light of past miscarriages of justice, who will guarantee a just result before imposing the death sentence? Rauner’s tweaking of language does almost nothing to resolve the manifold doubts that moved public opinion toward the elimination of the death penalty in the first place.

The legislature, as always, has two options. One is for enough Democrats and Republicans, bipartisanly sick of this brazen manipulation, to override the amendatory veto with a three-fifths vote in both houses. The other is to do nothing, in which case the legislation goes nowhere. Legislators are also actively pursuing other measures concerning state licensing of gun dealers. The possibility of approving Rauner’s version of the bill creating the cooling-off period is, in fact, almost nonexistent, and Rauner’s true goal may be to satisfy the Republican right wing by killing the gun-control measure that passed and blaming its failure on Democrats. If so, voters may want to consider just how cynical they want their governor to be.

Jim Schwab

Related links for this article:

Rauner’s death penalty ploy,” Chicago Tribune editorial

In Rauner’s gun proposal, politics ahead of policy,” Chicago Tribune column by Dahleen Glanton

Lawmakers revise plan to license Illinois gun stores,” Chicago Tribune

On Taxes and Public Trust

A very curious op-ed article appeared Monday (July 6) in the Chicago Tribune. Tom Geoghegan, best known as a liberal lawyer who represents labor unions, made a plea for more taxes. Not just any taxes for any reason, but “Tax me, please, so Illinois can compete.” Let me set the stage for this commentary.

First, we have a mayor who has been adhering religiously to maintaining property taxes at a relatively low level, compared to many suburbs, while struggling to make the city’s books balance amid pressure to keep the city’s pension funds solvent. Pension funds for both city and Chicago Public Schools retirees promise reasonably generous benefits that include a three percent cost-of-living yearly increase, which certainly beats Social Security in most years because its increases vary with the Consumer Price Index. (For the record, my wife is a Chicago Public Schools retiree.) These agreements have been in place for many years, but for many years the city and the school system have not met their obligations to fund these pensions adequately. The city is also making its perennial argument in Springfield that Chicago residents pay twice for pensions because their own teacher pension fund relies on local property taxes while all other systems in the state rely on state income taxes, which, of course, Chicagoans also pay. Suburban and downstate legislators counter that Chicago gets more of other types of state support because of higher numbers of families in poverty, an argument that strikes me as lame because Chicago is hardly the only city in the state with poor people.

Welcome to the twisted logic of politics in Illinois. We also have a constitutional provision that cements flat-rate income taxes in place. We could only enact a progressive state income tax by first amending the state constitution to allow such a thing. Meanwhile, Illinois is undergoing a bruising battle between a conservative rookie Republican governor, Bruce Rauner, and a legislature with large Democratic majorities in both houses. It is now July, and they have not agreed on a budget, and a judge has ruled that, without statutory authority in the form of an enacted budget, the state cannot pay its workers more than the federal minimum wage until this gets sorted out.

It is not apparent to me, or many others, that either the state of Illinois or the city of Chicago lack considerable wealth or the ability to pay their bills if we sort out our priorities and match spending with revenue. Rauner refuses to budge on the revenue until the legislature adopts at least some of his pro-business, anti-union agenda—he basically wants to make Illinois a right-to-work state—and the legislature is busy enacting budgets that necessarily entail large deficits, so Rauner vetoed their most recent attempt. A standoff is throwing Illinois into turmoil.

To be brutally honest, I could never hope in this short blog post to do justice to all the intricacies of this situation. I am providing only a broad outline of the conflict as background to the Geoghegan commentary. Basically, his perspective is that school closings driven by budget cuts drive middle-class residents to the suburbs for better schools for their children, which they pay higher taxes to achieve. In short, lower taxes make the city less competitive in attracting talent, resulting in a less competitive business climate. He bolsters his argument by pointing out that other big cities facing many of the same macroeconomic challenges have survived the recession and are thriving in ways that Chicago is not. And in ways that Illinois also is not. People in those other states pay higher, progressive income taxes that support public services that make their states and cities more competitive. In short, he says “blue states that collect higher taxes thrive and red states with lower taxes do not.” I am sure one can find some exceptions to his general rule, but he has a point. Taxes alone do not make a state less competitive, especially if used wisely to create better public education and amenities and infrastructure. All these things matter. Then comes Geoghegan’s clincher:

“Illinois is a blue state that tries to govern like a red state. And that’s why the state and its crown jewel, Chicago, are about to go belly up.”

So far, so good. Geoghegan concludes with his plea to “tax me, please,” to achieve better public solvency and make the state and city more competitive. But his article fails to answer or address the question of why a blue state would try to “govern like a red state.” There is an understandable, though also cowardly, fear among legislators and aldermen about raising taxes because there is public resistance. Some public resistance to higher taxes is always to be expected, but in many places it can be overcome with a solid explanation of how that money will be used or invested. It is when it is repeatedly misused or poorly invested that public suspicion becomes a cancer that afflicts the trust people must feel before they are willing to open their wallets to the state and city.

That is where a new book by Thomas J. Gradel and former Chicago alderman Dick Simpson becomes important. Simpson, now teaching at the University of Illinois at Chicago, was an independent who was once a thorn in the side of Mayor Richard J. Daley, the Democratic party boss, subject of the famous Mike Royko book, Boss, whose son Richard M. later ascended to the same office. Richard M. Daley retired before the 2011 mayoral election, when Rahm Emanuel was elected mayor. Corrupt Illinois is a no-holds-barred attack on the pervasive culture of corruption not only in the city but the entire state of Illinois, now famous for having sent two recent governors to prison, Republican George Ryan and his immediate successor, Rod Blagojevich, who ironically had promised to clean up the mess Ryan left behind. Instead, he created his own mess, including the attempted sale of the U.S. Senate seat vacated by President Barack Obama.

There is not room here to review the hundreds of cases of corruption the two authors discuss, stretching from the city of Chicago to numerous suburbs, including the notorious case of Cicero, to downstate communities where clerks and mayors have stolen public funds, to the state capitol, where matters now speak for themselves. What Gradel and Simpson document is the high, very high, cost of public corruption in the erosion of public trust. Taxpayers like to know that, when they fork over more money that is supposed to build roads and bridges or support schools or social services, that money will not end up illicitly in the back pocket of some operator tolerated by politicians who look the other way, or worse, pocket some of it themselves or find other ways to violate the public trust.

Moreover, this is not a partisan issue, as some would like to contend. Both parties have participated in the skullduggery in their own ways. The book supports an observation I have long shared in talking about other states with similar issues, like Louisiana: Once a culture of corruption takes hold, it becomes a bipartisan enterprise. The same can usually be said of the virtuous cycle of comparative honesty in states where such practices meet with immediate public condemnation. I have long encountered people who have difficulty believing me when I tell them that, when I once ran for city council in Iowa City while a graduate student at the University of Iowa, by city ordinance the limit on contributions by any individual to a candidate for a specific election was $50. There are no missing zeroes. It was 1983, but even allowing for inflation, that limit comes nowhere near the inflated sums that float around in Illinois elections. Public tolerance makes a huge difference.

Rauner attempts in his ham-handed fashion, driven by the personal certitude of a hedge fund millionaire, to pose as the enemy of the political class in Illinois. What he does not understand is that his pose might sell far better if he did not also make himself the implacable foe of organized labor and the minimum wage, and if he did not have such a tin ear about the damage his policies are doing to badly needed services for the poor, disabled, and mentally ill. That undermines any public sympathy he might otherwise muster for a legitimate campaign to root out public corruption, which seems at best to be only a secondary target.

If you do nothing else to understand the hole that Illinois has dug for itself, read this book. At times, Corrupt Illinois may seem repetitive, even slightly monotonous, unless you develop a perverse fascination with just how corrupt a state can become. That is because the authors have so much raw material to work with that it is a wonder they fit it all into just 200 pages. They try mightily to be concise and to the point, but the point they make is unavoidable. Until Illinois voters insist on cleaning up this mess, and their political leaders finally grow a conscience and respond, there is no way out of our current impasse.

 

Jim Schwab