Russ Stewart Attorney for Patrick McDonough vs. Rahm Emanuel

Attorney Russ Stewart examined Rahm Emanuel in the case Patrick McDonough vs. Rahm Emanuel. Rahm Emanuel is attempting to get on the ballot for Mayor of Chicago. Russ Stewart is also a columnist for the Nadig Newspapers, here is an excerpt of his take…. Number Three: It’s not over until it’s over. Judicial creativity will keep Rahm Emanuel on the Chicago mayoral ballot. And he will be elected mayor.
This columnist, as the attorney for one of the objectors to Emanuel’s candidacy, had the opportunity to directly examine Emanuel on Dec. 14 at the city electoral board hearing. A Stipulation entered by Emanuel’s lawyers conceded that he and his family were “principally present” at a Washington, D.C. rental home from June 30, 2009 to October 1, 2010.
I asked Emanuel whether “principally present” meant that he “lived there” for that period. Answer: Yes. I asked if he “resided there.” His lawyers objected.
I asked if Emanuel was “principally present” anywhere else. Answer: No.
The Chicago Municipal Code mandates that a candidate is “not eligible” for municipal office unless he/she is a “qualified elector” – meaning voter – and has “resided” in Chicago for one year prior to the Feb. 22, 2011 election. Emanuel re-registered to vote and took up physical residence at 754 N. Milwaukee Avenue on Oct. 5, 2010. Under city ordinance, he needs to prove “residence” since Feb. 22, 2010.
I asked Emanuel, who was the White House chief-of-staff, how many times he was physically president in Chicago from February to September 2010. Answer: Twice. He said he flew in for a political event, and stayed overnight at a hotel.
Emanuel, of course, rented his Ravenswood home for a year from Sept. 1, 2009, and extended the lease to June 30, 2011. Had he kept the home vacant, and his belongings present, Emanuel would not have this “residency” problem
But Emanuel is the sole remaining white candidate on the 2011 ballot, and a phalanx of political insiders have a vested interest in his election. They cleared out the white field for Emanuel, and don’t relish the prospect of a Hispanic or black mayor. The electoral board decision will be appealed by the loser to the Circuit Court, and by that loser to the Illinois Supreme Court.
Judges can fit the law to the facts, and ignore the facts as they relate to the law. When Emanuel voted by absentee ballot in the 2010 primary, he did so from his rented home, where he clearly did not reside. A city statute states that if one has “lost his residence” due to “business of the United States,” then his vote is valid. Emanuel was not in the U.S. military. He was a political appointee of the president.
My prediction: The Illinois Supreme Court has a 4-3 Democratic majority. Expect a ruling that Emanuel’s non-residence was due to federal “business,” akin to military service, and that he is entitled to ballot placement. When that occurs, the election is over. Emanuel will be the next mayor. Photo by Patrick McDonough (Russ Stewart is an expert on Election Law and picked as one of the three principal lawyers in the case)