Illinois (ECWd) -
Attorney Thomas DeVore has filed a motion to file an amended complaint on behalf of Darren Bailey. The amended complaint includes numerous key issues in relation to the Governor's actions, both to the citizens of this State and to the Court.
One key issue the Governor is not going to be able to avert is the failure to disclose a key legal opinion that conflicts with prior arguments before the judge.
"In this Court on April 27, 2020, the Illinois Attorney General's office, on behalf of Pritzker, took the position that a clear reading of Section 7 leaves only one conclusion and that is the proclamation gives rise to the 30-day emergency powers and that as long as a proclamation is done in good faith then there is no limit the duration of the emergency powers extensions that can
be had as long as a new proclamation issued." (See page 12 of the filing)
Considering we now know there is more than one conclusion as claimed by the Governor, it will be most interesting to see how they explain away the other conclusions from the very legal office that is representing him, the Attorney General. To see the other conclusions, read the prior AG opinion we published in this article.
Other concerns coming his way?
"Pritzker did not advise the Honorable Court of this analysis by Attorney General Ryan."
"This Attorney General opinion lays bare the overreach of the executive branch being perpetrated by this gamesmanship."
If you're wondering why would emphasized the word "avert" in this article, we urge you to read the complaint to grasp the importance of that word, which is found in the Illinois Emergency Management Agency Act.
"Disaster" means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism."
As a side note, we have been informed the Governor has called the Legislature back to into session. How interesting in light of the article we published last night. Stay tuned to see what laws they try to change as it appears the Governor may now be feeling the pressure.
You can download the filing at this link or view it below.