My regular readers are well aware of the FOIA (Freedom of Information Act) request battle I’ve been waging with the Kane County State’s Attorney’s Office since May. To be fair, a miscommunication between the Attorney General’s Office and myself caused some delay, but Civil Division head Joe Lulves is responsible for the rest of it.
My goal is to get 200 pages – that’s right 200 pages – of sexual harassment complaints against a particular former prosecutor, who was terminated for his misogynistic behavior only when I finally caught onto him. Of course, the KCSAO is doing their damndest to keep those documents out of my hands.
The good news is, I’m winning the legal fight. The Public Access Counselor arm of the Attorney General’s Office found my appeal of the KCSAO FOIA denial so compelling they took the case under review.
And while it’s utterly fascinating to regularly beat Mr. Lulves on his own legal playing field, I want you to pay particular attention to the last paragraph of his appeal defense:
To be clear, this office will not release and does not authorize the release, of any of the document encompassed by Mr. Ward’s request for sexual harassment complaints absent a court order.
What Mr. Lulves is essentially saying is, should the Attorney General find in my favor, he will completely ignore that ruling and force me to take the KCSAO to court. Please think about that for a little while…
My entire theory about the KCSAO has been that they believe that, since they apply the law, it doesn’t apply to them. And that single sentence in Lulves’ reply says it all. They don’t give a rat’s ass if the Attorney General finds in my favor, they’re gonna do exactly what they want to do.
Of course, when you, my fellow Kane Countians are facing criminal charges, the KCSAO has an entirely different view of the situation. So, the next time you find yourself in a Kane County courtroom, I would encourage you to use my case as a defense. Because if the law doesn’t apply to them, then it certainly doesn’t apply to you, either!