The Fitzgerald Factor
People talk about political corruption in Illinois as being unusually bad. And perhaps it is. But part of the story in Illinois has been that the local US Attorney is unusually good. And that itself was part of a weird confluence of circumstances. The tradition in the United States is to treat US Attorney jobs as a kind of patronage appointment. Basically, under a Republican administration states that have a Republican Senator have their US Attorneys picked by the local Senator or Senators. And under a Democratic administration it’s the Democratic Senators. In 2001, we had a Republican President and there was a Republican Senator from Illinois, Peter Fitzgerald. If Fitzgerald were doing his job in the usual way, he would have picked a lawyer who was somewhat respected and also tied into the local party machine. The kind of guy who wouldn’t launch a major corruption investigation of the incumbent Republican governor.
Instead, Fitzgerald insisted on appointing an out-of-state professional prosecutor from New York named Patrick Fitzgerald who had no ties to the GOP or Illinois or especially the Illinois GOP. Senator Fitzgerald was under no particular pressure to do this. In fact, he was under pressure from within his own party to do the reverse. But he went with the other Fitzgerald, and then he decided not to run for re-election and cited the lack of support from his own party as one of the reasons. That lack of support was especially bad for Senator Fitzgerald since on the issue he was a pretty hard-core conservative.
A ton of consequential things have sprung out from Fitzgerald’s decision to bring in Fitzgerald for basically quirky reasons. But it’s a reminder, I think, that the usual way of doing these appointments is pretty inadequate. Much better to look for serious professionals and see what kinds of corruption turn up elsewhere.
41 Responses to “The Fitzgerald Factor”
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December 17th, 2008 at 8:31 am
Everytime Yglesias posts something, rainbows and unicorns and gummibears come flying out of my asshole like so much projectile diarrhea, approaching the speed of light. In less than a second, they have encircled the globe many times, making the world a slightly better place.
December 17th, 2008 at 8:54 am
Patrick Fitzgerald is such a USEFUL fellow.
1) Richard Perle goes on Meet the Press and becomes the public face of the Deceitful Neocon leading Bush into a disasterous war: BAM! Patrick Fitzgerald puts billionaire Conrad Black –Richard Perle’s LONG Time Sugar Daddy — into the federal fed for several years on fraud charges.
And Richard shows up in the Washington Post a few months later extolling the value of COSTCO as a food source for Washington party buffets.
2) Dick Cheney forgets who’s VicePresident and who’s President –BAM. Patrick Fitzgerald greases up the dog sled to send Dick’s chief aide Scooter Libby up the river — subject to the whim of the merciful George W. With whispers of “plea bargain for Scooter” just to make Dick’s pacemaker work for a living. Anyone seen ole Dick speaking in public the last several years?
3) Democratic Governor is about to appoint a Democratic Senator when the Democrats are on the verge of a filibuster proof majority — BAM! Governor’s facing major criminal indictment from Fitzgerald and his Legislature is rushing to impeach him before the shit splatters on them.
Whole process seems round-about, however. Why don’t they simply give Fitzgerald a 22 pistol to shoot the targets in the back of the neck , like in Stalin’s regime?
4) I’m certainly not defending the above perps. But there are a shitload of guilty perps walking around Washington and New York. Whether they are PROSECUTED seems to be very much a matter of discretionary judgment.
Which suggests all that stuff we are taught in our high school American Civics class re the “Rule of Law” is a crock of bullshit.
December 17th, 2008 at 9:07 am
Whole process seems round-about, however. Why don’t they simply give Fitzgerald a 22 pistol to shoot the targets in the back of the neck , like in Stalin’s regime?
I know I’ll regret this but, who’s “they”?
December 17th, 2008 at 9:08 am
Yes Don, Fitzgerald is obviously just a pawn in the vast conspiracy of … well everyone. I may be killed for saying this Don, so I hope you read it quickly. You’re actually the only one not in it.
December 17th, 2008 at 9:17 am
Re WillieStyle’s comment “I know I’ll regret this but, who’s “they”?”
—————
I don’t have a full membership list for the Cabal — I just know that Barbara Bush runs it. Rules actually — with an Iron Fist.
December 17th, 2008 at 9:17 am
I’m certainly not defending the above perps. But there are a shitload of guilty perps walking around Washington and New York. Whether they are PROSECUTED seems to be very much a matter of discretionary judgment.
Well, Fitzgerald is the US Attorney for Illinois, so I’m not sure what he’s supposed to be doing about crimes in Washington and New York. Certainly Black and Blago committed crimes in Illinois, serious ones, so it makes sense Fitzgerald would prosecute them. He did the leak investigation that got Libby because the Justice Department asked him to.
December 17th, 2008 at 9:23 am
Much better to look for serious professionals and see what kinds of corruption turn up elsewhere.
Have Senators recommend appointments FOR OTHER STATES, other than their own. It’s an anti-corruption initiative!
max
['Eh?']
December 17th, 2008 at 9:24 am
Why isn’t Pat Fitzgerald the US attorney General?
December 17th, 2008 at 9:27 am
Blago has been in Fitz’s sights for a long time. As has every Illinois governor been in the US Attorney’s sights there since forever, except Big Jim Thompson who had been the US Attorney for the Northern District of Illinois. It’s part of the territory.
If the same standards applied in all states then most ex governors would be in prison too.
Illionis is very odd politically because a huge portion of voters vote straight party in local elections without thought. Republican because of Abe Lincoln and Cook County because of the Machine. Ideology has nothing to do with it. For state office either party might win. I hate to say this but without ideology or a consistent interest of citizens in state government politicians are left to their own devices and bad things happen.
December 17th, 2008 at 9:43 am
I just know that Barbara Bush runs it. Rules actually — with an Iron Fist.
“She ran this city the same way she made love — with an iron fist.”
December 17th, 2008 at 9:49 am
Blago has been in Fitz’s sights for a long time.
But did he make a mistake suddenly going public with this mess when he did? Now Illinois has to try impeachment proceedings (which could affect Fitz’ criminal case), and Obama’s camp has a PR problem, and Illinois may be without a senator for a while (deservedly so, perhaps). No wonder the media loves him.
December 17th, 2008 at 9:57 am
The tradition in the United States is to treat US Attorney jobs as a kind of patronage appointment.
While this is surely true sometimes, I think it’s an over-generalization. The US Attorney for Manhattan, for example, has usually (not always) been a very strong candidate, not merely a shill for the party in power. Tied to the party in power, to be sure, but if someone appointed a real partisan hack there’d be a lot of eyebrows raised here. Don’t know what it’s like in other jurisdictions.
December 17th, 2008 at 10:10 am
He probably wanted to avoid a difficult situation. What if while accumulating evidence, Blagojovich appointed a senator that didn’t show up on any tapes? That senator would be under a cloud of suspicion from which they could not be cleared, neither could they be legally removed. That would be a real harm to the state of Illinois, which a consciencious public servant should seek to avoid.
December 17th, 2008 at 10:14 am
I’ve met Patrick Fitzgerald and that is not a photo of Patrick Fitzgerald. It seems to be someone named Peter Fitzgerald.
December 17th, 2008 at 10:14 am
Sorry, my bad. Thought Matt was trying to post Patrick’s picture.
December 17th, 2008 at 11:22 am
It’s all very confusing. I’m just glad he wasn’t appointed by a Senator named Gerald Fitzpatrick.
December 17th, 2008 at 11:26 am
@ SteveH
Hahahaha
December 17th, 2008 at 11:59 am
I’m surprised nobody has mentioned the most significant consequence of Sen. Fitzgerald naming Patrick Fitzgerald. Peter F.’s subsequent loss of support among the IL GOP leadership, which led to him choosing to not run for re-election, created an open senate seat which was ultimately filled by a relatively unknown state senator named Barack Obama. The two Fitzgeralds have some share of credit for launching the career of our President-Elect.
December 17th, 2008 at 12:37 pm
Well, he couldn’t currently be AG because he’s probably not corrupt enough or enthusiastic enough about torturing people to get the slot. To all appearances, he’s not a batshit dominionist anti-Constitution theocrat like Ashcroft, an amoral lickspittle like Gonzales, or a stonewalling apologist for heinous war crimes like Mukasey.
As to why he’s not the presumptive AG, which is probably what you meant? First, he might not want the job, given that he’s been able to wield a pretty effective hammer against corruption where he is. And second, why “reward” him for his straight-shooter reputation by letting a morally diseased pack of slobbering Senate Republican hypocrites paw through his underwear drawer, even as they’re shitting all over Eric Holder just because they can?
December 17th, 2008 at 2:43 pm
Why isn’t Pat Fitzgerald the US attorney General?
Because if you were picking an atty general, why would you pick someone who seems less amenable to doing what you tell them to do, when you could pick Eric Holder who has displayed a willingness to take marching orders from time to time. That’s why the Janet Renos and the Alberto Gonzalezes get to be Atty General usually.
December 17th, 2008 at 5:11 pm
Why isn’t Pat Fitzgerald the US attorney General?
Alternatively, because while Fitzgerald seems to be honest and hardworking, that doesn’t mean his policy priorities on issues like voter access, civil liberties, workplace discrimination, etcetera, etcetera, necessarily agree with Obama’s.
Also there’s the problem that he’s a bit radioactive: having anything to do with either rewarding or punishing him could be seen as corrupt and having to do with something he did or failed to do. The politically easiest thing is therefore to leave him in place and not interfere.
December 17th, 2008 at 5:16 pm
Fitz is, to put it politely, sort of an oddball. A boy scout, alter boy sort, who somehow made it to a pretty high perch. In other words a loose cannon. Obama would be more likely to appoint Ted Olsen than Fitz because at least with Ted he would be getting someone who knows how to play ball.
Fitz did just, or soon will, enter his first marriage, at age over 40. (I am fairly certain this is correct.) When I heard that news months ago I did raise his chances for the AG nomination in the event of an Obama win from 0% to .1%
December 17th, 2008 at 6:11 pm
After Peter Fitzgerald blew up his career by excessive devotion to good government, he was replaced by Barack Obama, who made sure not to make the same mistakes.
The funny thing is that Obama campaigned for President — the bipartisan reformer! — as if he had Peter Fitzgerald’s track record rather than Barack Obama’s (the man who played ball with the powers that be).
December 18th, 2008 at 2:02 am
Why isn’t Pat Fitzgerald the US attorney General?
Pat Fitzgerald is not a democrat. He just happens to have prosecuted a lot of boogeymen from the GOP.
December 19th, 2008 at 1:22 am
The way Blago is dragging the IL Democratic party to the bottom of Lake Michigan, I can see Peter Fitzgerald running for his old seat. And the US Attorney public popularity only helps him in Illinois– apparently there’s a short of surnames— Peter & Patrick Fitzgerald, George, Jim & Jack Ryan, Michael & Lisa Madigan (only the last two are actually related). People will think the crusading prosecutor is running for office.
Max has the right idea, but a Senator picking a home state candidate (even one sent to another state) will invariably lead to crony patronage picks. Better to formalize the procedure Peter Fitzgerald used– Insist on looking at only out-of-state candidates and then pick the best person available.
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