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August 12, 2022

Governor Pritzker’s procedural tactics could be problematic for him in scheduled Hearing July 2, 2020

By Kirk Allen & John Kraft

On June 30, 2020

Clay Co. IL. (ECWd) –

Governor Pritzker lost his delay tactic yesterday in the Darren Bailey case when he tried to have the Darren Bailey lawsuit against him removed from the state court and placed in the federal court.  The federal court took 2 weeks to rule on what most agreed was a clear cut case and finally remanded the case back to state court which we covered in this article.

What Governor Pritzker and his attorneys failed to do was comply with the Circuit Court Judge’s deadline for a responsive pleading to Bailey’s Motion for Summary Judgment.  That deadline was May 21, 2020.  Since no responsive pleading was filed, Bailey, through his attorney Tom DeVore, has filed a Motion to Bar Responsive Pleading.

The question now is will the Judge grant that motion and the summary judgement motion or will he give the Governor more time to respond?  Considering the past rulings from the Judge, we suspect he will grant the Motion to Bar and Motion for Summary Judgement against the Governor.  If that happens, we are confident the Governor will request a stay of the ruling during his appeal to the Appellate Court.

If the Governor and his legal representative were smart they would file a response before the scheduled Hearing rather than ask for time to file.  In an effort to keep any appeared bias from the process we suspect the Judge would allow such a filing even though it was past the deadline.  Doing so would require the Motion to Bar be denied or withdrawn by Bailey’s Attorney.

The Motions are to be heard at 1 PM on July 2, 2020, in Clay County.

A copy of the Motion to Bar and Hearing schedule can be downloaded here and here, or both viewed below.

Motion to Bar Responsive Pleading
Notice of Hearing

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15 Comments
  • Elizabeth Kennedy
    Posted at 10:27h, 30 June

    Why exactly are you pursuing this grandstanding suit during a public health emergency of historic proportions? The state of Illinois was one of the states which had high death rates and high infection rates that rivaled New York. Pritzker took necessary steps to contain the pandemic in this state. Pritzker’s actions saved LIVES. He unlike you listened to epidemiologist and infectious disease doctors to what actions to take to stop COV-19. This is about lives saved, not about the almighty dollar. The Edgar County Watchdogs have lost all credibility. History will not be kind to your legal maneuvers. The virus doesn’t know politics, it will take those who insist that it’s conspiracy and those who would take it seriously.

    • Stacy
      Posted at 10:57h, 30 June

      Sorry, but the constitution must be followed, even in a pandemic. Our state constitution very clearly lays out that Pritzker had 30 days to shut things down and get things in order, after that local health departments are responsible. Pritzker chose to ignore that and run the state as a one man show. You claim he was following the advice of epidemiologists and infectious disease doctors. Can you name any of them who were advising Pritzker? My guess is no, because he was not transparent with the data he used to make his recommendations. Several local mayors asked for it and it fell on deaf ears. I for one, do not put my complete faith in the man who tried to buy a job on the Blago wiretap and removed toilets from his mansion to save on taxes to be solely responsible for mine and the rest of the state’s health. The U.S. was founded on a balance of powers for a reason, to prevent any one person from becoming too powerful. Do you not feel local health departments are capable of managing their own communities vs. Pritzker managing the entire state in a one size fits all fashion? Even if you agree with what Pritzker is doing now, do you want Governors to have this much power? Someday, a Governor you don’t agree with might be in charge of every aspect of your life if we start ignoring the constitution. ALL our elected officials need to be involved in decisions that so greatly effect everyone in the state, not just one.

      • John Slagel
        Posted at 11:15h, 30 June

        Very well put, Stacy

    • PK
      Posted at 12:31h, 30 June

      The Governor made reference to “grandstanding” upon being informed of the lawsuit from a reporter during his press conference. All the while then, the Governor demonstrated no sense of urgency to call the legislature (a co-equal branch) back. At issue then and now is law not “grandstanding.”

    • HT
      Posted at 12:50h, 30 June

      Keep repeating what’s put out by this government doesn’t make lies and more true, nor does it gloss over how politics has been the ONLY reason for this unconstitutional lockdown.

      Please enlighten everyone by providing scientific proof from legitimate sources with real time data. In case you haven’t or don’t know, which seems to be the case, that everything we’ve been fed so far, including any and all so-called models, have all been wrong at every stage, and NONE have ever been validated by any scientific sources or statisticians.

      Simply telling people that cases are increasing (duh, more testing, more cases!!) is meaningless w/o showing what those increases are made up w/ in terms of age, comorbidities, severity of symptoms, and deaths.

      Have you noticed that the recent scary news about increases are so vague, and no specific information about any of that good stuff mentioned above? Yeah, that’s politics! And Yes, that’s to scare the crap of folks like you.

      Go look at the same real time data that’s reported, and parse it out by age, comorbidities, symptoms, deaths, and recovery rates, and BOOM!, you’ll wonder why you’re not given such simple insights. Yup, that’s POLITICS!

      Ever wonder your people don’t dwelve on the number of deaths anymore? Because those are trending down, and they’re getting less federal money allocated to them, so no point mentioning those valueless deaths now.

      Sorry to sound condescending, but an opinion is uninformed if it’s not backed by logic. In cases of folks like you, it seems that your opinion is clouded both by emotions and a total lack of discernment.

      Cut to the chase, what do you know of the Specificity or Positivity rates of any and all virus data so far?

      What do you mean epic proportions? Save lives?

      Have you ever heard of Ebola? TB? Measles? Is this new virus more dangerous that those?

      It can be refreshing to actually think and reason. Try it.

    • Michael
      Posted at 15:01h, 30 June

      Why are you so against a governor following the rule of law? His 30 days were up a long time ago. And, do you realize the death rate for this virus is at or near influenza levels? What are you scared of?

  • NiteCat
    Posted at 11:27h, 30 June

    Elizabeth Kennedy…Stacy is correct. IEMA is very specific about what the Governor can do for ONLY the first 30 days of a declared emergency. After the 30 say limit is up it was up to him to turn over mangement of the epidemic to IDPH which too has very strict statutory rules it must follow going forward. He overstepped his bounds to grab authority he had no right to. And ECWD is not the one who brought suit against the Governor. They are just following & reporting on a suit filed by a State Rep. Darren Bailey from Southern IL. I suggest you get up to speed and read through all the links iin the ECWD artices, the IEMA statute & the IDPH statute. And don’t even try with the “following the science” schtick. He was more following Gov. Cuomo & Mayor DiBlasio’s leads on this. He took us down the exact same path with the exact same results and waste of federal dollars on field hospitals at McCormick Place, Ingalls, Waukegan & the old Sherman Hospital in Elgin.

  • Lyn P
    Posted at 12:03h, 30 June

    Trickster completely trounced on the state Constitution, wrought further havoc on a state who’s fiscal/economic picture was already among the country’s worst, and no doubt caused suffering and DEATH solely attributable to the most severe lockdown in the country rather than a “pandemic” virus. [A whole other topic but the Pandemic was purely a medical mafia and media creation – the biggest global spin in history. There is no true and special dangerous virus. Deep research-minded people know this.] The City of Chi is nearly wrecked, with escalating property, income, and sales taxes likely to follow. Bailey’s lawsuit is the best hope to curtail the massive damage done to IL by this clown of a Gov.

  • Elizabeth Kennedy
    Posted at 13:07h, 30 June

    “Please enlighten everyone by providing scientific proof from legitimate sources with real time data. In case you haven’t or don’t know, which seems to be the case, that everything we’ve been fed so far, including any and all so-called models, have all been wrong at every stage, and NONE have ever been validated by any scientific sources or statisticians”

    Would you accept the CDC as scientific proof? This country has over 126,739 deaths with over 2,581,229 and 35,664 New Cases, The models have not been wrong

    https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html or Johns Hopkins? https://coronavirus.jhu.edu/map.html

    The pandemic is NOT over and the state of Illinois is not out of the woods. Or maybe you’d like to catch this novel virus and have permanent lung scaring, permanent heart condition or brain damage. The only clowns I see here are those who don’t take this virus seriously. Again, it know no politics, it will kill you never the less.

    • HT
      Posted at 18:01h, 30 June

      Gee, again, regurgitating links isn’t thinking.

      Have you taken a look at that data and do some simple log curve, confusion matrix analysis, etc? I have. So have other scientists, who are not paid by the government to repeat the propaganda.

      Until you understand that Specificity or Positivity (True or False Positives), there’s no point in showing you how you’re being manipulated by fear.

      It must be nice to be in such bliss and having no worries about any and all collateral damage to businesses, individuals, personal and mental health, and ultimately our republic.

      Learning a new skill, one that requires brain power, is awesome and liberating. Please do so.

    • Stacy
      Posted at 19:04h, 30 June

      Elizabeth, not saying the pandemic is made up, but I do think it never turned out to be as bad as they thought it would. At this point it has morphed into something we never could have seen coming and I’m not talking about the virus itself, but the response to the virus. Even with all the media attention the current increase in cases is getting, deaths are down. Personally, that’s what I care about. Catching a virus is no biggie if people are recovering and from what I’ve read, they’ve found better treatments than they were using in the early days. I’ll also add that 1/4 of all deaths in the U.S. came from NY alone. By all accounts, things were a mess there early on. The point of the lockdowns was never to sit at home until the virus is eradicated, Faucci even agrees on that. At this point, people need to stay at home by choice or get on with their lives IMO. The lockdowns have turned into a political tool instead of a means of avoiding overloading healthcare which is what the lockdowns were intended to do. Here you can see in the second chart that deaths in the U.S. are trending downward. Somehow, that’s always left out of the alarmist media reports!

      https://covid19.healthdata.org/united-states-of-america

  • Elizabeth Kennedy
    Posted at 15:28h, 30 June

    Why exactly was my last comment deleted? Too many statistics that proved that COV-19 isn’t a conspiracy? Apparently putting the truth on this forum is too much to the Edgar County Watchdogs. Here’s more statistics that Illinois is right behind Texas and Florida in infections and deaths. https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?action=click&module=Spotlight&pgtype=Homepage

    • Tony
      Posted at 15:58h, 30 June

      Cases rising is a good thing so long as it’s kept under the level of what medical personnel can handle. It means we’re closer to herd immunity. No more masks and arbitrary EOs.

      At the end of this, where health system wasn’t over burdened, the same amount of people will have died precautions or no precautions. The span of time in which they would’ve died is the only thing that changes. MAYBE a few more will be saved with the development of treatments, but that’s the only real difference.

      What we won’t be able to determine so easily is the collateral of lockdowns. The lost homes, fractured families, increases in crime, suicides, ODs, other substance abuses, domestic violence. Were all those worth prolonging a lockdown?

  • Shackleford
    Posted at 16:57h, 30 June

    If you’re scared of fresh air or of human interaction or whatever you can still stay home. The gov’t will even pay you !

  • Tracey L Baker
    Posted at 17:01h, 30 June

    Number one the Watchdogs have not involved in the lawsuit but are simply reporting the truth of the governor’s indifference to the law.
    Secondly NO I would not totally trust the CDC or WHO as any proof. They have time and time again to put out info and statistics that contradict each other. And yes the models are wrong with originally 2.2 million DEAD not sick. The conspiracy comes from the “experts” who were supposed to be planning for this ki8nd of thing and had really done nothing. Their own data say masks don’t work yet they recommend them. Their own data says lockdowns show no real benefit but they recommend them.
    Third, this is a virus. No amount of isolation will protect you. You could stay in for a year and the CCP virus would be waiting for you when you emerge from your hovel. Viruses do not go away and very very few ever get a vaccine. Influenza (flu) has no vaccine, that stupid flu shot only gives you a lessened chance of catching the KNOWN variant. This is why the virus mutates and they need a new formula every year. You are better off just getting sick. Yes, people die, a lot more from flu than CCP (CDC stat) although we are getting closer as this drags on. So “shelter in place” rules have really only prolonged this current plague and the longer we are force illegally to do so the longer it will remain.

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