By John Ruberry
“Some men see things as they are and say, ‘Why?’ I dream things that never were and say, ‘Why not?’” Robert F. Kennedy Sr.
“When people fear the government, there is tyranny. When government fears the people, there is liberty.” Thomas Paine.
Former Chicago alderman alderperson Edward M. Burke, who for much of his–wait for it–54 years as a member of Chicago’s City Council, was the second-most powerful politician in the city, because he was the chairman of that body’s Finance Committee.
Last week Burke was convicted on over a dozen corruption and racketeering charges. Burke, according to federal prosecutors, abused the powers of his office to shakedown businesses, such as the owner of a Burger King restaurant in his ward who was told by Burke if he wanted a construction permit, he needed to retain the alderman’s law firm.
Developers of the massive old US Post Office and even the venerable Field Museum were victims of Burke’s extortion schemes. I suspect there were hundreds more.
Burke is appealing his guilty verdict of course. Once the appeals are exhausted, barring a successful appeal, the lifetime politician is likely headed to prison.
I’m not a lawyer–so forgive my naivete here. Then again, since I’m not an attorney–and not enmeshed in the gears of the rotten system–maybe I’m the right person to tackle this subject.
For thirteen years of Burke’s crooked career, I was a resident of Chicago. Because I was denied honest services by Burke, so that gives me standing to sue Burke for damages. Right?
Wrong.
Qualified immunity protects public officials from such suits. My interpretation of the legal concept–again, I’m not an attorney—is that if officials, let’s say the head of a state highway department, fears being sued over a possible bridge collapse, it may mean that no new bridges are built.
Back to Burke.
It’s difficult to see where Burke’s public career as an alderman alderperson began and where his private legal practice ended. It was a hybrid beast. In short, Burke was running a racket.
So, since a jury ruled that Burke was using his public office for private gain, why should qualified immunity protect him?
Why shouldn’t Burke, and other corrupt Illinois pols such as former governors Rod Blagojevich and George Ryan, be subject to taxpayer lawsuits? Or class action lawsuits?
“To join this lawsuit now–call the 800 number on the bottom of your screen–time is limited! Make that politician pay!”
Taking my idea to the federal level, there’s a recent case with bribery allegations against a sitting US senator and his wife. I mean, I’m just saying…
Wouldn’t it be wonderful if crooked pols could be sued for every penny they have? And their vacation homes? And their gold bars?
Everything!
That just might scare these pols into honesty.
Change the law. Or laws.
Drop qualified immunity for crooked public officials. Call it–ahem–Ruberry’s Law. Consider it my Christmas gift this year.
Back to Illinois.
As Illinois’ SAFE-T Act law–which by the way I believe it should be repealed–was being drafted, dropping qualified immunity for police officers was suggested. So clearly, at least in Illinois, qualified immunity is not sacred.
One more item. Since 1973, 38 members of the Chicago City Council have been convicted of crimes.
John Ruberry regularly blogs from Illinois at Marathon Pundit. During his lifetime, four Illinois governors have served time in federal prison.
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