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June 13, 2024

If it walks like a duck, quacks like a duck…Pritzker legal case is crumbling in Darren Bailey lawsuit

By Kirk Allen & John Kraft

On May 18, 2020

Illinois (ECWd) –

Governor Pritzker’s attempt to have a change in venue in the Darren Bailey cased failed as expected, however, the magnitude of that failure can only be appreciated to its fullest if you were able to actually hear the Judge in person.  Understanding that is not possible for many, we bring you the Official Transcript of the hearings which are a must-read.

“But if it walks like a duck, quacks like a duck”

The Court: “This court previously granted a temporary restraining order. Included in that order was a finding that the plaintiff has a substantial likelihood of success on the merits. The defendant, not liking that order, immediately appealed. When the plaintiff bellied up on the TRO, the defendant went to the supreme court saying we don’t need to worry about these circuit and appellate court. You tell me, supreme court, I’m right. Well, they didn’t.Any pleading filed in this state regarding these executive orders that even mentions the word constitutional, United States Constitution is immediately whisked to federal court. Now, I’m not accusing you, Defense, of judge shopping.” (See page 21 and 22 of transcript)

Governor’s Attorney – MR. Verticchio: “Thank you, Your Honor.”

The Court: “But if it walks like a duck and quacks like a duck”.  “In any event, I have considered all of these factors. I have exercised my discretion, and the motion to transfer pursuant to forum non-conveniens is denied.”

In light of the article we just published on Executive Orders’ limited application under the Constitution as confirmed by the Illinois Supreme Court, we suspect the Judge already knows the answers.

“This is a legal issue, a legal argument on whether this Governor had the authority to issue this executive order under Illinois law and pursuant to the Illinois Constitution. Period. That ain’t hard. File your motion Monday.”(See page 24 of transcript)

We predict the Court will confirm the Governor’s Executive Orders were not pursuant to either Illinois law or the Illinois Constitution, and if so, that indicates people’s rights were trampled and there should be consequences for that.

That prediction is also supported by what appears to be a concession from the Governor’s attorney.  (See page 26 of transcript)

“I think that the issues will be moot by Friday one way or another but just so we’re clear in the record.”

The only way the issue would be moot is by a ruling from the Judge in favor of the Summary Judgement filed by the Plaintiff, so it appears the Governor’s attorney knows they built their case on the sand above a sinkhole.

We urge EVERYONE to read this transcript to appreciate the history that is being made through these troubling times.

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



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  • Ted Hartke
    Posted at 12:40h, 18 May Reply

    Moot by Friday? Is that because they plan to have legislature in session to pass an Illinois law giving the Illinois governor vast power to pick winners and losers among businesses?

    • Nate
      Posted at 13:35h, 18 May Reply

      After the rule changes proposed to make it a misdemeanor to not comply with the EO, it seems like this (legislature special session to pass a law) is the card up their sleeve — I have strong doubt that defense meant to imply they think they will lose.

    • Slightly Sightful
      Posted at 13:38h, 18 May Reply

      A law cannot be made to retroactively empower a governing body to do a job it was never charged with performing. That would be like Changing the law so Loretta Lynch could investigate Obamagate.

    • HT
      Posted at 15:32h, 18 May Reply

      Sounds terribly crooked, but I wouldn’t put it below these IL dems. They run the state like they run Chicago.

  • Rory Steidl
    Posted at 18:29h, 18 May Reply

    Nate may have very correctly read between the lines.

  • PK
    Posted at 19:19h, 18 May Reply

    Mr. DeVore’s remarks at very near end of transcript seem very well placed.

    The Governor finally called the legislature back for three days last week. The session is scheduled to end Friday.

    The court is in recess until 1:00 Friday. That’s two hours earlier than Mr. Verticchio requested. Mr. Verticchio seemed to hedge moot by Friday because of the legislative session. Perhaps Mr. Verticchio’s hedge is on the Governor finally hearing from the general assembly before he gets [it] from the court again!

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