Lisa Madigan Sued for Breach of FOIA Laws 10/29/2010
The Committee to Elect BILL4AG and Libertarian Party candidate for Attorney General Bill Malan filed a Complaint today in Cook County Chancery Court against Attorney General Lisa Madigan and a Madigan lieutenant for violating Illinois’ Freedom of Information Act by withholding documents regarding “Operation Guardian.” The complaint seeks an injunction ordering Madigan to release documents that her office is withholding.
Lisa Madigan is accused of refusing to release records that will demonstrate her office has been misleading the public regarding “Operation Guardian,” campaigning at public expense, and failing to pursue instances of corruption and violations of election law.
As part of “Operation Guardian,” Lisa Madigan has been making surprise inspection visits to nursing homes and elderly care facilities throughout the state. Executing that operation, she claims to have found 124 residents and employees with open warrants, but refused Malan’s request for information about the crimes alleged and how many of the 124 were taken into custody or left in the nursing homes.
“It’s pretty fishy when the Attorney General travels around the state holding press conferences about ‘Operation Guardian,’ but won’t release basic information about that program,” Malan said. “Is this really keeping seniors safe, or is it an opportunity for Ms. Madigan to campaign on the public dime?”
Malan has also named Cara Smith, the Public Access Counselor whose office is responsible for FOIA compliance, as a co-defendant. Smith is not only responsible for FOIA compliance, but also holds the position of Deputy Chief of Staff for Policy and Communications to Lisa Madigan. It is inappropriate, Malan argues, for Smith to hold both these positions at once.
“If you’ve got the same person acting as ‘spin-doctor’ and also responsible for Transparency - "Ensuring Open and Honest Government" - you can bet the public won’t have access to all the information,” Malan said. “It's like if Richard Nixon could have put Bob Haldeman in charge of investigating the Watergate burglary. Lisa has turned FOIA on its head by putting her propagandist in charge of public information.”
Lisa Madigan is also accused of failing to investigate charges of election fraud by the Republican Party of Illinois. The Republicans, according to information received by Malan, misreported expenses to knock the Libertarian and Constitution parties off the ballot as “grassroots organizing.” Madigan has refused to investigate this violation of election law.
“Lisa Madigan presents herself as ‘independent,’ but she is everything but that,” Malan said. “Lisa is just another cog in the democratic machine here in Illinois, and she has no independence.”
Lisa Madigan is accused of refusing to release records that will demonstrate her office has been misleading the public regarding “Operation Guardian,” campaigning at public expense, and failing to pursue instances of corruption and violations of election law.
As part of “Operation Guardian,” Lisa Madigan has been making surprise inspection visits to nursing homes and elderly care facilities throughout the state. Executing that operation, she claims to have found 124 residents and employees with open warrants, but refused Malan’s request for information about the crimes alleged and how many of the 124 were taken into custody or left in the nursing homes.
“It’s pretty fishy when the Attorney General travels around the state holding press conferences about ‘Operation Guardian,’ but won’t release basic information about that program,” Malan said. “Is this really keeping seniors safe, or is it an opportunity for Ms. Madigan to campaign on the public dime?”
Malan has also named Cara Smith, the Public Access Counselor whose office is responsible for FOIA compliance, as a co-defendant. Smith is not only responsible for FOIA compliance, but also holds the position of Deputy Chief of Staff for Policy and Communications to Lisa Madigan. It is inappropriate, Malan argues, for Smith to hold both these positions at once.
“If you’ve got the same person acting as ‘spin-doctor’ and also responsible for Transparency - "Ensuring Open and Honest Government" - you can bet the public won’t have access to all the information,” Malan said. “It's like if Richard Nixon could have put Bob Haldeman in charge of investigating the Watergate burglary. Lisa has turned FOIA on its head by putting her propagandist in charge of public information.”
Lisa Madigan is also accused of failing to investigate charges of election fraud by the Republican Party of Illinois. The Republicans, according to information received by Malan, misreported expenses to knock the Libertarian and Constitution parties off the ballot as “grassroots organizing.” Madigan has refused to investigate this violation of election law.
“Lisa Madigan presents herself as ‘independent,’ but she is everything but that,” Malan said. “Lisa is just another cog in the democratic machine here in Illinois, and she has no independence.”
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