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December 22, 2024

Criminal intimidation – Does the shoe fit Governor Pritzker?

By Kirk Allen & John Kraft

On May 14, 2020

Illinois (ECWd) –

Illinois Governor Pritzker has made it clear there will be consequences for those who do not follow his edicts.  He has stated those who open their doors before he basically gives permission, are not following the law (even though Executive Orders are not law as it is Legislatures that make law, not Governors).  He has his state agencies threatening businesses with closure citing his directives. Those who have opened their doors have been exposed to hatred, contempt, and ridicule for allegedly violating the Governor’s orders.  He has threatened to take business licenses of those licensed by the Illinois Department of Professional and Financial Regulations and the Liquor Commission, which would be public officials taking action. One only need to review the numerous press conferences to hear his own words on these matters.

What does the law consider to be criminal intimidation?

(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or any other person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or
(7) Bring about or continue a strike, boycott or other collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11.)

Many attorneys have indicated the Governor does not have executive powers allowing him to take many of the steps against a private business we currently see him taking.  In fact, during a recent radio interview with several attorneys, this very subject was raised.  If you listen to this podcast, note at the 51:16 mark the attorney explains several facts and presents his concerns as it relates to the Governor and state government asserting authority they do not have and intimidating people.  We urge every business wishing to open their doors to listen to the podcast as it answers every question we have heard and already written about.

We ask people to read the law and then listen to just a few video clips.  Then, you be the judge and answer the question, does the Governor’s shoe fit the criminal intimidation statute?

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5 Comments
  • SuckersRUs
    Posted at 11:49h, 15 May

    Let’s be clear. Governor Pritzker is a Marxist. He has ruled supreme, with no regard for state or federal laws. He has ruined what was left of Illinois small business: big business has no long term plans to remain in Illinois. He has intimidated and frightened the citizens of Illinois by the use of threats. He has extorted businesses wanting to work by telling them he will take their operating license if they open. The crown jewel to the most corrupt state in America? Say hello to JB Pritzker!

  • Tony Baloney
    Posted at 20:27h, 14 May

    Threats, intimidation, official misconduct. The hallmarks of Governor Pritzker.
    And all this from a governor who, very quietly, gave executive clemency to violent felons and released them from state prisons to avoid the deadly coronavirus. And follows that up by promising to send the state police to arrest and imprison law-abiding citizens and business owners, i.e. job-creators and taxpayers, for allegedly violating arbitrary orders, rules and proclamations that were never voted on by any legislature. I mean, uh, it’s because of, you know, the science and, uh, you know, the experts.

    It’s called administering a state government by total control and making it up as you go along. Which is what the Fair Tax Constitutional Amendment is all about. And do you think the governor will behave any differently after he gets his ‘fair tax’? And next week, the General Assembly is going into session for three days. Looks like we’re in the frying pan and going into the fire.

    So when all the givers (business owners and taxpayers) leave, where are the takers and their sanctuary buddies going to get their free iPhones and other gratuitous goodies?

    Is it time to leave Illinois? Maybe we’ll know for sure after next week.

  • PK
    Posted at 15:06h, 14 May

    Press conference remarks about others pursuing relief in court are troubling too. Some of these remarks seem to impinge on ARDC rules. In other words, Mr. Bailey’s attorney is not “reckless” either.

    After today’s daily press brief, five toes are already in.

    • Mary
      Posted at 22:04h, 14 May

      I’m sorry, but could you clarify this for me? Thank you.

      • PK
        Posted at 12:42h, 15 May

        Well, Mary…i can try.

        The Attorney Registration and Discipline Commission (ARDC) Rules 8.2 [Judicial and Legal Officials] and 8.4 (d) [Misconduct] seem relevant to this article.

        During a recent press conference, Governor Pritzker read from a prepared statement. By the press, an excerpt from the statement reads: “People are in danger as a result of the judge’s ruling of the suit that was brought by Darren Bailey.” While the “judge’s” name is not disclosed in Pritzker’s statement, it stands to reason the same press would report the judge’s name with the news.

        The judge is a Legal Official. In this case, the judge is a duly elected official serving as chief judge of the circuit.

        Also, with the legislature held at bay, Governor Pritzker publically rebuked both Mr. Bailey and Mr. Cabello using descriptive language such as: a cheap political stunt, grandstanding, recklessness or being reckless, an irresponsible lawsuit, and a dangerous precedent. The behavior of publically lambasting rival party views while holding the legislature at bay serves the legal system and/or the administration of justice poorly at best.

        The honorable governor Pritzker holds political science and juris doctorate degrees. He is a registered attorney and member of the Chicago Bar and Illinois Bar associations. In any situation, Governor Pritzker’s conduct reflects on other lawyers, including counsel for the plaintiffs, but also the various many other city and county Bar associations in the state.

        Please consider referencing the ARDC Rules for Judges and Attorneys. With respect to Rules 8.2 and 8.4 (d), ought Governor Pritzker have known?

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