Author Topic: Ha ha! (Rahm Emanuel ruled not a Chicago resident by state Appeals Court)  (Read 5472 times)

Headless Thompson Gunner

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Rahm Emanuel gave up his job in the White House to run for mayor of Chicago.  It may seem like an odd move, perhaps, to give up the #2 post at the Federal Executive branch to become the #1 man in a much smaller jurisdiction.  But it makes some sense when you realize in Chicago "mayor" is semantically equal to "dictator for life".  So the Chicago mayor job is actually an improvement in terms of thug politics and raw personal power, and Rahm was moving on up.

Or so he thought.  Turns out he's not a resident of Chicago (no real surprise there - he's been in DC for the past 2 years), and that election laws maybe do matter a little bit in Chicago (big surprise there).

http://news.yahoo.com/s/ap/20110124/ap_on_go_ot/us_chicago_mayor_emanuel

Quote
An Illinois Appeals Court ruled Monday that former White House chief of staff Rahm Emanuel's name can't appear on the ballot for Chicago mayor because he didn't live in the city in the year before the election.
« Last Edit: January 24, 2011, 11:15:02 PM by tyme »

Regolith

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Re: Ha ha!
« Reply #1 on: January 24, 2011, 01:41:26 PM »
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41magsnub

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Re: Ha ha!
« Reply #2 on: January 24, 2011, 01:46:31 PM »
That is awesome.

lee n. field

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Re: Ha ha!
« Reply #3 on: January 24, 2011, 02:08:56 PM »
Quote
An Illinois Appeals Court ruled Monday that former White House chief of staff Rahm Emanuel's name can't appear on the ballot for Chicago mayor because he didn't live in the city in the year before the election.

How sweet it is!

Of course, he may just do it anyway.
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Headless Thompson Gunner

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Re: Ha ha!
« Reply #4 on: January 24, 2011, 02:10:51 PM »
Yeah, that's the real risk, isn't it?  He can't become mayor, but that doesn't mean he won't.  It's still Chicago.

Monkeyleg

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Re: Ha ha!
« Reply #5 on: January 24, 2011, 02:24:07 PM »
He'll probably just keep judge-shopping until he finds one he can pay off.

AZRedhawk44

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Re: Ha ha!
« Reply #6 on: January 24, 2011, 02:30:23 PM »
Nah.

He'll keep collecting his federal goobermint white house staffer pension for the next 4 years and then run against whomever is in office for the next election.

Then he'll double-dip on the mayor's pay and the fed pension. ;/
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SADShooter

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Re: Ha ha!
« Reply #7 on: January 24, 2011, 02:35:00 PM »
Even if it's ultimately overturned somehow, that's sweet. Made my day.
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AmbulanceDriver

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Re: Ha ha!
« Reply #8 on: January 24, 2011, 02:37:08 PM »
Is it wrong that I giggled like a schoolgirl when I read about this?
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longeyes

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Re: Ha ha!
« Reply #9 on: January 24, 2011, 02:38:38 PM »
He'll settle for puppetmaster.
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Jamie B

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Re: Ha ha!
« Reply #10 on: January 24, 2011, 03:46:59 PM »
Thank you, God!!
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Brad Johnson

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Re: Ha ha!
« Reply #11 on: January 24, 2011, 03:51:10 PM »
Is it wrong that I giggled like a schoolgirl when I read about this?

Wrong?  No.  Disturbing?  Yes.

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TechMan

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Re: Ha ha!
« Reply #12 on: January 24, 2011, 05:26:40 PM »
Even the Pygmy Goats are happy about the news. http://www.youtube.com/watch?v=3H3261x-QgI
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seeker_two

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Re: Ha ha!
« Reply #13 on: January 24, 2011, 06:49:40 PM »
Yeah, that's the real risk, isn't it?  He can't become mayor, but that doesn't mean he won't.  It's still Chicago.

Why let a little thing like elligibility stop him?....Didn't stop his boss....
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Angel Eyes

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Re: Ha ha!
« Reply #14 on: January 24, 2011, 06:50:29 PM »

I think MSNBC just found their new host for "Countdown."

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charby

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Re: Ha ha!
« Reply #15 on: January 24, 2011, 06:50:58 PM »
and again

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Monkeyleg

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Re: Ha ha!
« Reply #16 on: January 24, 2011, 07:12:36 PM »
Quote
I think MSNBC just found their new host for "Countdown."

I don't think talk shows are Emmanuel's style. "The Sopranos" might be more fitting.

grampster

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Re: Ha ha!
« Reply #17 on: January 24, 2011, 08:32:10 PM »
You think the Illinois Supreme Court will not rule in Rahm's favor?

Silly children. :facepalm:
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Re: Ha ha!
« Reply #18 on: January 24, 2011, 10:27:02 PM »
^^^This.  Rahm will end up mayor of Chicago.
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tyme

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Re: Ha ha!
« Reply #19 on: January 24, 2011, 10:44:18 PM »
http://chicago.straightdope.com/sdc20101202.php

Seems reasonable to me that he's a Chicago resident.
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RoadKingLarry

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Re: Ha ha! (Rahm Emanuel ruled not a Chicago resident by state Appeals Court)
« Reply #20 on: January 25, 2011, 03:28:38 AM »
Devil's advocate.
As much as I dislike the guy I think he should be eligible.
He was quite technically involved in federal service. To deny him eligibility would open the door to denying a service member recently retired/discharged veteran from being able to return home and run for office.
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Headless Thompson Gunner

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Re: Ha ha!
« Reply #21 on: January 25, 2011, 10:30:53 AM »
http://chicago.straightdope.com/sdc20101202.php

Seems reasonable to me that he's a Chicago resident.
I'm not so sure about that.  The law your author cites as proof Rahm is eligible doesn't seem to cvover his situation as clearly as the author would have us believe.  

Going back to the law that he quotes, I see a requirement that candidates must be residents of the district for a year prior to the election.  An exception is given if you maintain a permanent abode in your home district but are physically away from the district on government business.  

This makes sense, and it's something commonly done by congresscritters and the like.  They rent a room in DC to stay in while working, but they keep their families, possessions, and homes in their old districts.  They frequently return home for weekends and breaks.  They quite clearly remain residents of their home districts, even while they're out of town on government business.

In fact, this is exactly what Rahm himself did when he was a Congressman before becoming Barry's #2.  He had a small apartment in DC, but his main home, his stuff, and his family were all in Chicago.

But when he took the Chief of Staff job, he packed up his old house and moved his possessions and family out to DC.  He took out a long term lease on his new home in DC, and he gave up his old Chicago house on another long term lease.  He left nothing of substance behind in Chicago except some of the furniture and the books in the library, which in context can probably be considered as features of the leased house more so than personal possessions.

The lawyers will wrangle, and this is still Chicago where political power always trumps the law.  But based on the law I've seen, Rahm's flat out ineligible.  He didn't just spend time out of town while on government business, he picked up and moved away, gave up his abode and thus his residency status.
« Last Edit: January 25, 2011, 11:41:17 AM by Headless Thompson Gunner »

AmbulanceDriver

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Re: Ha ha! (Rahm Emanuel ruled not a Chicago resident by state Appeals Court)
« Reply #22 on: January 25, 2011, 11:12:14 AM »
RKL, Chicago's municipal code has an explicit exemption to the requirement for military folks who are stationed away from Chicago.

Tyme, I didn't have a chance to read the article you linked, but I did read the majority's opinion as well as a portion of the dissent.  I think the majority's opinion was well reasoned, and raised a couple of very good points regarding "residency" vs. "reside in".

The crux of the argument that Emanuel was making was that he maintained his "residency" in Chicago by keeping his house, as well as keeping several posessions in the house even though it was leased out.  Additionally, he stated that it was never his intent to permanently leave Chicago, only to be gone temporarily.  And the court of appeals agreed to all of that.  But they pointed out that the way the law is written, merely maintaining residency is only a qualification to be a voter.  In order to be a candidate, there is a further, more stringent requirement that requires the candidate to have been actually living in the municipality for that prior year.
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tyme

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Re: Ha ha! (Rahm Emanuel ruled not a Chicago resident by state Appeals Court)
« Reply #23 on: January 25, 2011, 07:48:59 PM »
Understood, but I would consider a job as the POTUS's Chief of Staff to be "business of United States", barring some extremely clear and compelling case law to the contrary.

It's quite clear that such a job is temporary, so my question for the court would be: where do they think he's going to live after Obama's done?  If the answer is the obvious one: "move back into his Chicago home", then it seems to me quite clear that he was in D.C. not to move there but on business of the U.S.  How is that really any different from being an ambassador and living in a foreign country?

It sounds like you're proposing that if he wanted to keep his Chi-town residency, he should have permanently rented a hotel room in D.C.  I think it's absurd to force someone into that living arrangement if they want to keep their prior residency while serving as Chief of Staff.

Being a congressperson and being Chief of Staff are, I suspect, very different from a logistics perspective.  I don't think flying home once or thrice a month is really an option for the Chief of Staff.

However, for other positions like a hypothetical Presidential dogwalker in chief, or chief WH chef, I'm not so sure.
« Last Edit: January 25, 2011, 07:52:41 PM by tyme »
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longeyes

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Re: Ha ha! (Rahm Emanuel ruled not a Chicago resident by state Appeals Court)
« Reply #24 on: January 25, 2011, 08:01:23 PM »
Where did he pay taxes?
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