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March 28, 2024

Iraq War Veteran James Mainer files motion for TRO against Governor Pritzker – David & Goliath round III

By Kirk Allen & John Kraft

On May 21, 2020

Illinois (ECWd) –

Tom DeVore with Silver Lake Law ltd., representing Iraq war veteran James Mainer, in his individual capacity and on behalf of all citizens similarly situated, filed a Motion for Temporary Restraining Order against Governor JB Pritzker in his official capacity in Clay County this afternoon. .

Governor Pritzker faced a similar filing by Darren Bailey in which the Governor referred to Bailey’s filing as grandstanding and political.

Considering Mainer is not in politics, fought for freedom in Iraq, and is now fighting for his family and the citizens of this state, is the Governor going to tell this veteran he is grandstanding and being political?

Does he dare try to drag this patriot into the Federal Court in another effort to forum shop?

In the game of politics, optics are everything and as it stands, Pritzker’s optics are crumbling.

The hearing is to be heard at 1 pm Friday, May 22, 2020, in Clay County Circuit Court.

A copy of the filings can be downloaded here and here or viewed below.

Mainer Complaint

 

Mainer Notice

 

 

 

 

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20 Comments
  • Paul Challinor
    Posted at 18:14h, 21 May

    Really confused about what the veteran status of the plaintiff has to do with this lawsuit.

    FWIW — I’ve gotten to the end of my patience with the partisan witchhunt you’re personally waging against the state government. Stick to the law and procedural watchdogging. Leave the partisan bickering to the pols.
    In general your work in holding elected officials to account for not following laws and regulations is badly needed and I’m very grateful for your efforts in exposing law-breaking behavior by govt personnel. But this current crusade has taken on such a partisan, personal tone that you’re losing my support. I (and I suspect many others) view the current ‘lockdown’ orders as a well-intentioned attempt to protect the health of illinois residents. The COURTS will decide if the attempts were in fact in compliance with the law. But sniping and bickering about the motives of the people involved undermines (in my eyes) your professed commitment to the rule of law and process and regulation.

    • Stacy
      Posted at 19:41h, 21 May

      Paul Challinor, have you been following these cases? It is the GOVERNOR and ATTORNEY GENERAL who haven’t allowed the COURT to decide if his attempts were in compliance with the law. They attempted to move the Bailey Case to the State Supreme Court, Appellate Court, Sangamon County, and finally, the Federal Courts. You have that right, they have attempted to move the case 4 times, each time waiting until the day before the case was to be heard before making their attempt. They did the same to the John Cabello case by moving it to Federal Court the day before it was to be heard. If the Governor and Attorney General weren’t court shopping, we would have an answer by now. You see this as a witchhunt against the Governor and Attorney General? Lol. I’d imagine the small business owners forced to close shop who are losing more money each additional day this goes on feel quite differently. These lawyers have my steadfast support for finally having the courage to stand up to our corrupt, justice evading Governor.

    • PK
      Posted at 20:39h, 21 May

      Of Illinois state courts, military status is a protected class.

    • PK
      Posted at 21:19h, 21 May

      My two cents: In the state of Illinois, military status is a protected class. The petitioner is also a Clay County resident and business owner.

      • Pritzker is evil
        Posted at 22:54h, 21 May

        Everyone should take note of what’s happening. Your civil liberties shredded, the constitution shredded, your livelihood shredded, all to “keep you safe”. Everything that has happened across the country is unconstitutional and unethical. There is more to this conspiracy than anyone would believe. We need to start asking questions and indicting individuals for treason and crimes against humanity, this includes Bill Gates, George Soros, Toni “America’s Doctor” Fauci, and our governor JB Pritzker. I know there are many more involved, but the evidence is mounting, they all clamor for the same thing, lockdown until they can only look to government for help and a vaccineis available. Pritzker unilaterally extended his financial disclosure requirements, why? Because the prior year he showed ownership in companies that are showing the highest profit ever due to state contracts for COVID testing and treatments. If anyone wants to be afraid of this virus they are more than welcome to shelter in place, but the rest of us should be welcome to make our own choices based on the US constitution as well as the state constitution. To salvage Illinois, the only way forward is to break Chicago off into its own state!

    • Aaron
      Posted at 07:16h, 22 May

      What the stated veteran status means to me is that this veteran aims to keep his oath to the constitution and will defend it with his life. Paul, the constitution is not partisan! The constitution is American. Americans don’t tread on the constitution. Traitors tread on the constitution.

    • HT
      Posted at 11:25h, 22 May

      Here’s another empathetic bleeding heart. Have you not been paying attention, or are you just partisan but keep deflecting your partisanship onto those who don’t agree with your acceptance of this crooked and corrupt government?

      How can you honestly think that this state (and Chicago, too!) government is not ignoring any and all laws and the US Constitution? Whatever happened to the checks and balances that we supposedly should have? Why is the AG just a puppet for this governor? Isn’t the AG supposed to observe and interpret the laws, instead of massaging the system according to the governor’s whim? If it is a witch hunt to go after these crooks, yes, please, I’d double down on the effort.

      It’s the popular and new tactics of those who are the ones so ready to trample on the Constitution to immediately shame others with words like “partisanship”, “witch hunt”, or “anti-science” each time they get a push back.

      If you believe anything this government or any governments do because they care or know how to protect your health, that’s your opinion, but you’re missing the point of these developments where the individuals are fighting for their own personal freedom that is being ignored by corrupt and egomaniac tyrants.

      Lastly, if you think it’s well-intentioned to crush people’s businesses and sources of income and livelihood, while allowing some of their own preferred donors to still make money during the shutdown, then you’re either choosing to ignore reality or you’re just totally apathetic of some many hardworking people and their realities.

      As always, follow the money. So, disclosure please, from where do you honestly draw your wealth or income?

  • FreeIllinois
    Posted at 19:21h, 21 May

    If anyone goes to jail, while following safety precautions, regardless of business status. IE if they open early, get their license pulled, keep operating then are arrested for operating without a license, the governor is immediately a criminal due to Unlawful Restraint law. I won’t go into details here other than to say, because a peace office likely did the arrest under auspices of governors orders, it can be upgraded to aggravated unlawful restraint. Hope someone sees this and runs with it.

  • Lyn P
    Posted at 19:42h, 21 May

    I am one who never, not for a moment, going back to March, ascribed any actions/intentions in this state or elsewhere as “well meaning.” Far too much evidence and documentation exists supporting a pre-planned event – globally. This is all researchable and brave people have brought hidden info to the forefront. All actions taken have been unevidentiary, Unable to prove and that’s how they want it. All medical information and data are spun at best and manipulated at worst. Yet collateral damage is massive. It never smelled right because it NEVER was. We are in a crisis of tyranny and this IS the issue.

  • Patrick
    Posted at 20:41h, 21 May

    Checkmate.

  • Chuck
    Posted at 20:41h, 21 May

    Paul – With all due respect. The average citizen is expected to adhere to the miles and miles of rules and regulations in Illinois. The average citizen is expected to pay his or her taxes. The average citizen is expected to respect the civil authority. The average citizen pledges allegiance.

    So what is one to make of the head executive of this state walking all over those laws. Ignoring those rules and regulations. Short changing the tax collector.

    A little bit of humility and saying I don’t know all the answers but we are trying would have went along way but instead war veterans and the average citizen got condescension and grief.

    No matter what the outcome of the court case the harm is done. RIP Illinois 1818 – 2020

    Truly a sad time

    Ps. If you ever get to listen to the state song and read lyrics you can truly see the sacrifices are forefathers made and we have squandered.

    Peace all

    • Marilyn G.
      Posted at 21:53h, 21 May

      CHUCK’ Good comment !! Yes, it is a sad time. Never in my life did I think I would ever see this !!!! RIP ILLINOIS 1818-2020.

  • Marilyn G.
    Posted at 21:32h, 21 May

    KUDOS, Stacy,,,,I agree 100% of what you just said. ! My thoughts exactly. I have been following whats going on since this all began. Mr. Challinor : I disagree with you that these lockdown orders was a well intentioned attempt to protect the health of the people. It was a show of power on Pritzgers part. and as far as many others feeling the way you do, I do not believe that.If you want to stay locked down, be my guest but the rest of us want to get on with living and not under a power hungry politician. I lived thru the HONG KONG FLU of 1969, had it and survived. It was bad , the same effects as Covid but no one went crazy with shutting up businesses, churches and schools because of it. Everyone used common reasoning to prevent spreading it and life went on. This isn’t about the virus……. it’s about power and control. And as far as that Veteran goes, he deserves some recognition for his sacrifice to serve his Country. Thank you, Soldier ! Now, Mr. Challinor, you said your piece and I said mine .

  • Me
    Posted at 21:41h, 21 May

    “I (and I suspect many others) view the current ‘lockdown’ orders as a well-intentioned” – you hit the problem on the head. People are free to think for themselves and make their own decisions. Those are rights granted to us…I do not view the lockdown as well-intentioned. And, even if well-intentioned our constitution and laws do not grant politicians nor anyone the right to make those decisions for us.

  • Robert O. Bogue
    Posted at 08:55h, 22 May

    Paul….which court are you referring to when you say the courts will decide? Isn’t Pritzker still shopping?

  • Paul C.
    Posted at 11:39h, 22 May

    Removing all the activity restrictions will have the effect forcing millions of people to choose between economic ruin (self-quarantine without economic support) or going back to work in conditions that almost every medical expert tell us are unsafe and will likely lead to large numbers of otherwise healthy people dying. That doesn’t feel like ‘freedom’ to me. It also doesn’t sound like it even makes economic sense.

    • PK
      Posted at 13:30h, 22 May

      The expertise are prescriptive for prevention. Removing all activity restrictions does not invalidate that expertise. Hand washing, touching, and keeping distance are key. Breathe with great caution. Overzealous attitudes toward the status-quo for restrictive solutions here yet in late May, seems to discount the ill effects on micro-economies. Social fabrics too, as diverse as they are many, are at risk for further fray. In this regard, please do consider the most vulnerable again. Know that by the same token, residents along border counties are already more ‘exposed.’ Truly, my attitude has not completely recovered from the 2020 response which closed all state parks for this spring’s awakening. Senseless.

  • Dalton
    Posted at 14:10h, 22 May

    If the hearing was set for 1pm today, shouldn’t news be coming out shortly on the TRO ?

  • dalton
    Posted at 14:38h, 22 May

    if the tro hearing was at 1pm shouldnt news be coming out soon.

  • Robert O. Bogue
    Posted at 21:51h, 23 May

    If you don’t feel safe, stay home, its a personal decision. No one is being forced to go back to work.
    Those with pre-existing medical conditions and over 65 are most at risk. Unlikely most of those are working. They ‘re wearing masks, gloves and hand washing. They choose to stay at home based on wisdom. The human race has never been disease free. Still driving a car? That’s risky too.

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