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June 17, 2024

Transcript: Bailey v. Pritzker Temporary Restraining Order hearing

By Kirk Allen & John Kraft

On April 28, 2020

Clay Co. (ECWd) –

A copy of the hearing transcript from Darren Bailey’s hearing for a Temporary Restraining Order can be viewed at this link or viewed below.

For those that understand the importance of our State and Federal Constitutional rights, we are confident you will greatly appreciate the words from Judge Mike McHaney.  We took the liberty of highlighting the key statements from the judge.  While reading them may not provide the clear impact of his words, rest assured, hearing his statements in person made it clear this judge was upholding his oath of office to support the Constitution of the State and the United States.

I think this one was the best:

“All right. Petitioner, do you have anything else to add other than your argument that this is too much power in an individual, it’s tyrannical, and the last time this happened a bunch of guys got on a boat and threw tea in the Boston Harbor?”

You can download the transcript at this link or view below.

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  • Stan
    Posted at 15:01h, 28 April Reply

    I read the entire transcript. It was enlightening. I would vote that judge on to the Illinois Supreme Court in a heartbeat. It was amazing how he continually brought up personal liberty to the representative of the AG’s office who represented Pritzger. A Constitutionalist!! There is hope for the Republic. Thank you ECWD for sharing this.

  • Robert O. Bogue
    Posted at 16:05h, 28 April Reply

    The transcript was a long read, but worth it. The governor hasn’t been entirely truthful regarding the IDPH policies established for situations like this; more interested in creating his own.
    It seems he may not have had the initial authority on this matter….and certainly not after 30 days.
    Local health departments are the say so. I liked the judge’s straight forward approach. The issue is: what the law says, not what the governor would like for it to say. I would expect this to be a permanent injunction after the next hearing. Can you publish that date?

  • Sarah Frohberg
    Posted at 19:23h, 28 April Reply

    Hahaha! Someone needs to pat the judge on the back!

  • Dwight kay
    Posted at 13:33h, 29 April Reply

    Thank goodness we have one judge in Illinois that understands Constitutional Law. It takes a courageous judge to render this opinion. The 5th District will affirm on appeal. The Illinois Supreme Court May not do the same. Upstate Supreme Court Justices know who they answer to. Sad.

  • Cindy
    Posted at 18:15h, 29 April Reply

    A second suit was filed today on behalf of Cabello and ALL citizens of Illinois.

  • Peggy Styx
    Posted at 22:56h, 26 May Reply

    Did I miss something in the transcript? I have no issues with the judges decision, but I have issues with people sharing (on Facebook) comments from the judge that I didn’t read in the transcript. Will you please let me know on what page the following statements were made?

    Judge McHaney’s words from the case against Illinois Governor Pritzker executive order. This judge should be governor.

    “Before I rule, I’m advising everybody in this room, no public outbursts or displays. The court is still in session until you are told otherwise.
    Since the inception of this insanity, the following regulations, rules or consequences have occurred: I won’t get COVID if I get an abortion but I will get COVID if I get a colonoscopy. Selling pot is essential but selling goods and services at a family- owned business is not. Pot wasn’t even legal and pot dispensaries didn’t even exist in this state until five months ago and, in that five months, they have become essential but a family-owned business in existence for five generations is not.
    A family of six can pile in their car and drive to Carlyle Lake without contracting COVID but, if they all get in the same boat, they will. We are told that kids rarely contract the virus and sunlight kills it, but summer youth programs, sports programs are cancelled. Four people can drive to the golf course and not get COVID but, if they play in a foursome, they will. If I go to Walmart, I won’t get COVID but, if I go to church, I will. Murderers are released from custody while small business owners are threatened with arrest if they have the audacity to attempt to feed their families.
    These are just a few of examples of rules, regulations and consequences that are arbitrary, capricious, and completely devoid of anything even remotely approaching common sense.
    State’s attorneys in this state, county sheriffs, mayors, city councils and county boards have openly and publicly defied these orders followed by threats to withhold funding and revocation of necessary licenses and certifications unless you obey.
    Our economy is shut down because of a flu virus with a 98 percent plus survival rate. Doctors and experts say different things weekly. The defendant cites models in his opposition. The only thing experts will agree on is that all models are wrong and some are useful. The Centers for Disease Control now says the virus is not easily spread on surfaces.
    The defendant in this case orders you to stay home and pronounces that, if you leave the state, you are putting people in danger, but his family members traveled to Florida and Wisconsin because he deems such travel essential. One initial rationale why the rules don’t apply to him is that his family farm had animals that needed fed. Try selling that argument to farmers who have had to slaughter their herds because of disruption in the supply chain.
    When laws do not apply to those who make them, people are not being governed, they are being ruled. Make no mistake, these executive orders are not laws. They are royal decrees. Illinois citizens are not being governed, they are being ruled. The last time I checked Illinois citizens are also Americans and Americans don’t get ruled. The last time a monarch tried to rule Americans, a shot was fired that was heard around the world. That day led to the birth of a nation consensually governed based upon a document which ensures that on this day in this, any American courtroom tyrannical despotism will always lose and liberty, freedom and the constitution will always win.”

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