Quick Hits – The arrogance of the KCSAO is beyond the pale

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.

mcmahon

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.

To wit, you can find the KCSAO’s FOIA appeal defense here, and my rebuttal here.

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!

8 thoughts on “Quick Hits – The arrogance of the KCSAO is beyond the pale

  1. Your requests seem to fall on deaf ears. That office only looks to advance it’s own causes and aspirations of litigation or careers.

    In other words, it might matter to you but it don’t matter to them, even if it’s supposed too.

  2. why don’t you do a story about your good friend Senator Lauzen CPA 2nd attempt to become Illinois Comptroller…does this mean he’ll be sparing the citizens of Kane and not run for Chairman again? How will this affect his pension that he swore he wouldn’t take from his county job but now is? You talk about hypocrites yet you always leave his name out of that mix.

  3. Since, as you say, the victims of the harassment didn’t ask for confidentiality, the only “confidentiality” the KCSAO could be protecting is that of the harasser. I’d be interested to know why someone who is paid with our tax money to drive women out of the KCSAO, thus soaking up more taxes to recruit and train their replacements, deserves confidentiality.

    • Pan,

      Yep! And there’s more. The KCSAO is telling me, with no severance agreement, they paid this prosecutor for 10 weeks after he was terminated.

      I proved that through a FOIA to the Treasurer’s office.

      He immediately went to work for the McNamee and Mahoney law firm, so the Kane County taxpayers were paying to him to be a criminal defense attorney.

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