Illinois (ECWd) –
Friday of last week we saw ComEd basically plead guilty to a litany of criminal allegations which directly implicate the Illinois House of Representative Speaker Micheal Madigan (article here). In short order, Governor Pritzker called for Madigan’s resignation for betraying the public trust.
Trust in what?
Can we agree the rule of law must be followed by our elected officials? If we can agree on that simple foundation then we must then apply it equally to all our elected officials, including Governor Pritzker and his attorney, Kwame Raoul. Today we lay the foundation why they have betrayed the public trust by not following the rule of law which lead to exercising power never granted by the Legislature.
Throughout every disaster proclamation related to COVID-19, the Governor had claimed there is a disaster due to a “Public Health Emergency”. In every court pleading we have seen from the Governor, the focus has been on the definition of Disaster under the law. Within that definition, it does in fact state a Public Health Emergency is one of the prongs that qualify as a disaster.
Ask anyone on the street or in the media, and all will say we have a public health emergency as it relates to COVID-19. However, the proper question is what did the Legislature define as a public health emergency, and does that legislative definition apply to the actions being taken by the Governor?
For those not familiar with statutory construction, each word is to be read and the plain meaning of the words to be applied. The legislature created a legal definition for a public health emergency that consists of two prongs. We know that because after paragraph (a)(v), the word “and” is placed, not the word “or”. When this happens, it ties paragraph (b) to (a). In short, any single provision in paragraph (a) and any single provision in paragraph (b) that meets the situation outlined would qualify as a public health emergency.
Additionally, even the statute itself outlines how it is to be interpreted.
Sec. 4. Definitions. As used in this Act, unless the context clearly indicates otherwise, the following words and terms have the meanings ascribed to them in this Section
“Public health emergency” means an occurrence or imminent threat of an illness or health condition that:
(a) is believed to be caused by any of the following:
(ii) the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;
(iii) a natural disaster;
(iv) a chemical attack or accidental release; or
(v) a nuclear attack or accident; and
(b) poses a high probability of any of the following harms:
(i) a large number of deaths in the affected population;
(ii) a large number of serious or long-term disabilities in the affected population;
(iii) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
COVID-19 does not qualify as a Public Health Emergency as defined by our State Legislature in the vast majority of the state, and questionably even in the worst impacted portions of the state.
(i) COVID-19 has not been listed as bioterrorism
(ii) COVID-19 is a novel infectious agent
(iii) COVID -19 is not a natural disaster based on the confirmation this was an infectious agent released from a lab.
(iv) COVID- 19 is not a chemical, thus it cannot be a chemical attack or accidental release
(v) COVID-19 is not a nuclear agent, thus it cannot be a nuclear attack or nuclear accident.
The legislature did not define “a large number of deaths” or “affected population”. Reading the entire statute and definition, it appears the “affected population” would be those infected with the virus but it can also be assumed it means the entire state population. Either way, the obligation for at least one prong under paragraph (b) to be met is problematic.
A simple way to understand these types of statutes is to simply ask a question applying the words of the statute and fil in the qualified prong met in the first paragraph.
(i) Does COVID 19, a novel infectious agent, pose a high probability of causing a large number of deaths in the affected population?
(i) Does COVID 19, a novel infectious agent, pose a high probability of causing serious or long-term disabilities in the affected population?
(iii) Does COVID 19, a novel infectious agent, pose a high probability of causing widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population?
(i) – Simple math proves COVID-19 does not cause a large number of deaths in the affected population. Illinois has 12.67 million people with 7,295 deaths as of this publication date. 7,295 divided by 12.67 million equates to only .0005757695 of the affected population. .0005 is not a large number of deaths in the affected population.
Recall I said the affected population was not defined, so the first example covers the entire state population as the “affected population”. If the affected population means those infected, then once again, the math will define what is a large number. 7,295 deaths from 161,575 affected people = 7,295 divided by 161,575 equates to 0.0451493114652638 of the affected population. .045 is not a large number of deaths in the affected population.
All math aside, the Governor included all 102 counties in his Executive Order disaster proclamation based on a “public health emergency“. Considering the first prong in paragraph (b) is tied to deaths, at least 43 counties do not qualify under paragraph (i).
(ii) To date, there has been no declaration from the government listing COVID-19 as a long-term disability so prong (ii) is not met.
(iiI) While an argument can be made that COVID-19 poses a high probability of causing widespread exposure to people, such exposure has not lead to substantial future harm for a large number of people. Only a very small number of people are at risk of substantial harm.
In fact, according to the CDC, Illinois only has 58.6 deaths per 100,000 people. That is not a large number. While we agree any death is a terrible loss, the current death numbers in Illinois are not even remotely close to qualifying as a large number when basic math is applied. As a comparison, CDC reports Heart Disease as having 198.4 deaths per 100,000 in Illinois based on the last report in 2017, which is over three times the death rate per 100,000 found with COVID-19.(see page 52 for CDC data)
The Governor and his legal team and possibly some major cities will be seeing lawsuits over the next few days and weeks on this matter, and by all indications of what the law actually says, he is not going to like it. Much like the Governor claiming to be furious about what was being reported on Madigan’s alleged involvement in the ComEd scandal, We The People are furious that our laws are not being read or followed by the Governor and his state agencies.
We would hope a Motion to Reconsider gets filed on Count I in the Darren Bailey case as the court was never presented the definition of “public health emergency“. The court ruled there was a disaster since the term “public health emergency” is a qualified disaster however that legislatively defined term was never part of any arguments and its clear, there was no public health emergency in Clay County as that term is defined in the law.
With these facts in mind, the Governor and the Attorney General should tender their resignations.
KathyPosted at 18:07h, 19 July
Wow…. you guys rock!
cadPosted at 22:21h, 19 July
Ya they sure do rock!!!! Love ya guys!!
DavePosted at 18:37h, 19 July
Superbly thought out and logically reasoned! Great work fellas…..
Gig48Posted at 18:48h, 19 July
Awesome! Kick Pritzker to the curb….along with Madigan.
HTPosted at 18:57h, 19 July
I must be naive, but I haven’t heard even a peep from the media reporting on what the judge’s decision from 7/2 about how invalid all of the tyrant’s orders were.
Are we really living in a time when the rule of law doesn’t matter anymore? and that we’re becoming near 3rd-world or communist politics where the media is just a mouthpiece for the government?
What am I missing? And how or what do we do to simply require the truth be told? Otherwise, small business are going to drop like flies in the near coming days, and no one doing anything about it.
TonyPosted at 19:35h, 19 July
Media won’t report on it because the media is on his side and they have a vested interest in keeping the economy tanked.
Now, there’s not necessarily a conspiracy or any collusion occurring between media and JB (or any other politicians) outside of interviews, but they all know what is going to cause the damage they need to affect the result they want. And so they act that way.
If it were widely know around IL we’re open for business, our economy would spike right up and JB would have a much harder time re-locking things after appeal or with a second wave. So the major media outlets are complicit in keeping the economy suppressed by not reporting the news we’re technically open.
Golden CountryPosted at 19:42h, 19 July
Has anyone else noticed that Mayor Lightford resembles beetle juice.
CYNTHIA BRZANAPosted at 20:16h, 19 July
I’m still stuck on the fact she HAD to get her hair cut! I don’t know what looks so different or why she is so special to break their own rules during social distancing, then again the prickster sent his wife somewhere.
These people are for themselves and stick together with their lies and. Law breaking. They should all go down and out the door together.
Keith Roesch IIPosted at 20:21h, 19 July
Very interesting please keep me informed
Robert E. LeePosted at 22:49h, 19 July
Illinois Leaks is the BEST!. The MSM lies, kills important stories and has its own sick agenda.
HTPosted at 23:44h, 19 July
It’s amazing and scary how bold and arrogant the leftist media is when it comes to their complicity with their socialist wannabe leaders these days. To know that they simply ignore any information that doesn’t propagate their agenda and repeat false and vague data to further kill the economy is just another confirmation that America is heading to some painful times before anything gets resolved.
They repeat this state’s leaders pseudo science claims to keep businesses shut. They repeat false positivity test results in FL and other Republican areas. The ignore the failures of democrat cities and rulers in handling gangs and looters.
Wow, what will the average American have to do to bring back our way of life?
john SorgPosted at 01:47h, 20 July
I find it hilarious that somehow you feel this covid-19 is not a real threat as far as lives. I personally know of four people who have died from covid-19, I also have a sister-in-law that had her leg amputated because of it. I suppose because it affects minority communities more than others, it’s acceptable? That’s pathetic! Your thought process is the same as a chemical spill leaking into the aquifers, it affects the people in that local spill area first, but eventually at leeches out and effects a much broader range of the population especially if it gets into the rivers and streams. It might take a while, but it will affect everyone! your argument is no different than the arguments they made back in 1918 during the Spanish flu! The Philadelphia parade is a prime example, tens of thousands died. I suppose we’d be better off with Bruce Rauner? He didn’t do a dog gone thing except whine and complain!
TonyPosted at 07:38h, 20 July
I personally know someone whose father died because of lockdowns. And while it’s, generally, easy to count who has died of Corona, the harder # to quantify will be those who died because they had a surgery or treatments put off. The suicides that result from joblessness. The increases in domestic violence, substance abuse, loss of health insurance and related loss of wellness. Increase in weight gain. Decreases in education.
A couple years from now, I’d put money on the result that the lockdowns will have been worse than corona. Though kids not going back to school means my future job prospects are pretty solid. Much less competition down the road.
HTPosted at 10:15h, 20 July
It’s getting ridiculous that we still hear from folks who, for some fantastical reasons, believe that this virus is the ONLY serious cause of death. Have these folks lost their minds?
Are you totally clueless that during the shutdown, while your lying leaders told you that hospitals were being bombarded w/ virus patients, that they were also laying off doctors and nurses? Just think for a change. If we kept hearing that hospitals were overwhelmed and needed help, why were they concurrently layoff other medical professionals? Does that make any sense?
Are you totally clueless of the fact that other more important procedures such as heart stents, urologic catheter and procedures, were being suspended while your leaders manipulated your brains? Do you know of, or care about, anyone w/ those pressing issues that couldn’t get treated? I do. And many of those folks have had their conditions worsened because they were told to give priority to this overhyped virus.
It’s unbelievable that anyone, especially in the current day, would believe that we no longer have serious causes of death other than this virus.
Fear must really work on some folks. What will be next?
CindyPosted at 02:38h, 20 July
John? What exactly would be hilarious about sickness? You have been misinformed and brainwashed to believe in germ theory. Which is totally false and ALWAYS was false from the getgo. There is no such thing as a virus. No virus of any disease has EVER been isolated to even study. They made it up! Just like they have lied to you if even any of those stories you are relating are remotely true. You don’t know any such thing. You were TOLD those stories. Period. Just like we are being told daily about fake numbers and fake viruses that they made up. Turn off your teevee and stop trusting the liars.
Kathy McCancePosted at 08:20h, 20 July
Our Illinois Department of Health and the Governor have kept this state safe. It is those who refuse to recognize science that put us at risk. Believing there is no threat from the worldwide pandemic doesn’t make it disappear.. only by practicing safe measures to protect yourself and others will control it.
HTPosted at 16:47h, 22 July
Ha, that’s hilarious. These people know how to keep us safe?
Have you looked at these people when they speak? All of them. The only things they can keep safe are their food pantries just so they don’t miss their 10 daily meals.
They look like they can barely keep themselves safe enough to climb up on their little podiums w/o hyperventilating.
They can barely control the looting, rioting, gang shootings, and destructions from their own constituents., with much of that happening in daylight or full public view.
They can keep their their own mansions safe from all the violence simply by ordering hundreds of police officers to protect them.
The word naive would be too nice to describe your thinking.
DUKE J WAYNEPosted at 08:51h, 20 July
🙄To The Point Edgar County WatchDogs!🏆!
❣️Love It❣️ & sO looking forward to your next article coming out on this Gov.hypocrite!! *you know, surely we can connect the MADIGAN dots and how that Tax Avoiding-toilet thief Afforded his Over 400 Acre purchase with our 7 million Dollars in his pants up in Lake Geneva.
okaY, Say GOV.COVID😷PritzK.Oh and RailRoad Thru Madigan!!
FOR”ALL”KANKAKEE COUNTY RESIDENTS SAKE!!!!
Keep YOUR CHICAGO LANDFILL-Kankakee County”OFF”YOUR CONNECTIVE CHICAGO DISTRICT MAP!!! !!!!! )
!!!!NOT OUR GOVERNOR!!!!
TPPosted at 10:41h, 20 July
Ive never seen so many people go down the rabbit hole. HAHAHAH its hilarious! looks like alot of flat earthers to me lol Edgar county watchdogs are a joke. They lie by omission. I wont do your homework for you. Just take 5 min an actually research a bit. Thats probably asking too much though.
John Kraft & Kirk AllenPosted at 10:52h, 20 July
obviously you are confused
HTPosted at 10:52h, 20 July
Sounds like you took a little break from your bong. Must have been bonging since grade school, where basic grammar was taught..
PKPosted at 12:01h, 20 July
Did you absolutely disregard the immediate and longer term impacts commented about here? Have you no sense for the compative statistics cited in this article? Have you also the state’s original claim and stated purpose in responding with a liteny of executive orders in mind? Remember…[it] was to save lives and to prevent hospitals from becoming overwhelmed. Forget the state’s original claim and reject basic statistics because you can if you like.
“Ya had to be a big shot, did ya, ya had to prove it to the crowd” – Billy Joel
TonyPosted at 16:08h, 20 July
Congrats ECW, you’ve become noticeable enough that the competition is now out to try poopooing you. Pretty soon they’ll be trying to shut you guys down.
Keep up the good work.
Robert O. BoguePosted at 06:42h, 21 July
Just follow the law…….. Pritzker does not have the legal authority…period. Hide under a rock if it make you feel better, but don’t mandate that I do.
Next year it will be something else….then you can find another rock. Those that feel insecure can voluntarily wear a mask:. A mask that in all likelihood doesn’t work. In nearly every case, it’s the feel better syndrome with a mask that does not work,,,,, not reality…..
Why not pick on a disease that is actually killing more people to focus on, or would that not benefit your political agenda.?
A. LincolnPosted at 10:06h, 21 July
Broward County, FL “authorities” are just lucky the Edgar County Watchdogs are 1500 miles away in the silly Democratic People’s Republic of Illinois.
But wait, does the exalted, mighty and larger than life ‘Governor Pritzker’ have something like this just waiting in his toolbox?
PKPosted at 10:21h, 21 July
Holey moley batman! Is a masked courtesy flush gonna go by the wayside toilet too?
Nedd K.Posted at 21:28h, 22 July
Someone should investigate this. Coming in from Indiana on I80/94 this evening to the Ford Freeway, this dictator message showed up on two northbound digital signs:
In Illinois, masks are required. Wear them.
Did I miss something? I thought on July 2nd Judge McHaney declared all Pritzker’s COVID orders void from the git go and applied them to the entire state’s citizenry. That includes inside the COVID order from April 30th that non-essential businesses are shut down and mask donning is mandatory.
I haven’t read any appeal of that ruling. Was there one?
So who’s responsible for these nanny messages (or in this case, dictator ones)? Who has the authority to dictate masking, particularly outside businesses? Is this a veiled threat that we must wear them 24/7?
Kirk or John, if you could check this out and post a response, it would be greatly appreciated. Sounds like Pritzker may be acting Hitleresque. Maybe Atty. DeVore should go back to court and tell the judge that Pritzker is violating his adjudication.
Thanks for all you do. I love this site and your work.
GregPosted at 14:40h, 21 July
Nice picture of Mutt N Jeff!
Michael KeytonPosted at 14:02h, 22 July
Look at part b II) COVID-19 has shown in everyday sis that it causes significant harm to a multitude of organs especially lungs. By invoking early the procedures under guidance of scientists, statistical analysts, and medical professionals, Pritzker has perhaps avoided the disastrous results of governors of states such as Arizona, Florida, Georgia, Texas, etc, which now have lost control of the virus and limited hospital space.
PKPosted at 16:16h, 22 July
How bout a stretcher to go out on there vulture!
Remember…”essemtial” business is the ( )ealthy traveling out-of-state to feed livestock in May. Incidently, the Wisconsin Governor’s documented stay at home order asks Wisconsin residents with two homes to stay at their primary home.
HTPosted at 16:34h, 22 July
Good job at just retyping the same propaganda provided by your masters. So, disastrous results only from non-democrats areas? So, apparently, it’s all cool and safe in Portland, right? Ever wonder why we don’t hear any virus problems from Portland in nearly 2 months? Yes, it’s because your democrat masters want you to believe that the virus is taking a vacation while their voters riot, loot, and commit crimes at large. Meanwhile, any and all Republican areas must have the virus punishment.
Just some questions:
1. How much is the going hourly rate for retyping their fear propaganda? Or is it $ by the word?
2. How about providing some real time data where us data-inclined folks can validate your claim of whatever disastrous scenarios you’re referring to? Last I checked, all real-time data on testing all shows very low positivity rate (after factoring out intentional errors that some labs only push out positive tests), and because testing is always increasing, the ongoing fatality rate is decreasing fast.
3. Can you provide a breakdown of positivity results by age and health conditions? Are people dying en masse?
4. What’s considered disastrous? Is that a CNN definition? Please provide facts of any hospitals where there are any specific virus activities that require ventilators?
Go take an aspirin for your headache, as you’re probably having to think way too hard w/ these questions.