On the surface, the probe of Ald. Edward Burke and former Ald. Patrick Huels by the Cook County state’s attorney’s office looks like a gutsy move.
It’s gutsy because Burke and Huels have deep ties to the Cook County Democratic organization, and State’s Atty. Richard Devine owes his 1996 election, and his political future, to the party.
For that reason, Devine deserves credit for taking this probe to a grand jury.
And precisely for that reason, Devine and his office cannot pursue this case. Devine needs to ask the Cook County Circuit Court to appoint a special prosecutor.
The reasons will be obvious to anyone who remembers what happened the last time the Cook County state’s attorney probed so close to the pulse of the local Democratic Party.
That was when then-State’s Atty. Richard Daley investigated allegations of fraud by people who circulated petitions in 1986 for a referendum to hold a non-partisan mayoral election. Many of the subjects of that investigation worked for Daley or were affiliated with Southwest Side Democratic ward organizations.
Daley did exactly what Devine has done now–recused himself of involvement in the investigation, appointed his first assistant to handle it and insisted that his staff was fair and capable enough to do the job without feeling political pressure.
But Daley was wrong.
His office sat on the investigation for more than two years. Finally, political pressure became too great–Daley was heading into a run for mayor, and the Tribune revealed that several of Daley’s own employees and their relatives had circulated petitions. In 1989, Daley asked the court for a special prosecutor, and Judge Richard Fitzgerald named former U.S. Atty. Dan Webb to the position.
After two years, Daley’s office had not produced a single charge.
After 35 days, Webb announced four indictments. Within nine months, Webb secured guilty pleas from 22 people. Daley, however, offered a handy excuse–he said that he couldn’t be blamed for his office’s failure to bring prosecutions because he had recused himself.
It’s not enough for Devine to recuse himself in the Burke and Huels case. His aides are generally first rate, but they’re not oblivious of the boss’ political career interests. Devine made the first gutsy move in launching the grand jury probe. Now he has to make the next gutsy move–and ask for a special prosecutor to see it to completion.
