Illinois attorney general candidates differ on Pritzker's pandemic orders, prosecutorial discretion

[October 27, 2022]  By Greg Bishop | The Center Square

(The Center Square) – How to combat crime and how to handle consecutive COVID-19 executive orders were central to a discussion between the two major party candidates for Illinois attorney general during a forum this week.

WTTW hosted Attorney General Kwame Raoul and Republican challenger Thomas DeVore Tuesday.

The two first became acquainted when DeVore filed a slew of challenges against Gov. J.B. Pritzker over the use of consecutive executive orders during the COVID-19 pandemic without getting legislative approval.

Raoul contended he defended the governor because the orders were meant to save lives.

“And courts have spoken over and over and over and over because of his excessive filing of cases,” Raoul said.
 

Raoul had previously said DeVore’s legal question was a fair one. DeVore said that should have guided the AG’s actions and forced the legislature to act on policies.

“If it’s a fair question of whether or not the governor is exercising executive power against twelve and a half million people in the state, the attorney general should always take the side of the people on a fair question and not take the side of the governor against the people,” DeVore said.

On the issue of combating crime, Raoul and DeVore agreed more violence interdiction resources are needed but differed on local state’s attorney discretion. DeVore said prosecutors can’t decide on their own what crimes they won’t prosecute, as he says Cook County’s has.

“Prosecutorial discretion is very fact specific case-by-case determination, but when you’re just across the board creating blanket policies like that that violate statute, that goes beyond prosecutorial discretion,” DeVore said.

Illinois Attorney General Kwame Raoul (left) and GOP attorney general candidate Thomas DeVore (right) - BlueRoomStream

DeVore said that could rise to official misconduct. Raoul differed.

“I don’t agree on a blanket exercise of discretion but I do believe it’s within her prosecutorial discretion,” Raoul said.

DeVore opposes the no-cash bail law, supporting dozens of state’s attorneys who are suing the state to halt implementation of the SAFE-T Act. He criticized how the measure was created, saying the law enforcement community wasn’t as involved as it should have been.

Raoul supports the measure but says it should be clarified. He said police thanked him for his work in crafting other elements of the SAFE-T Act.

“In my direct conversations with the state [Fraternal Order of Police], they thanked me for engaging them,” Raoul said.

Illinois FOP State Lodge President Chris Southwood said in a statement Wednesday that isn't true.

“Mr. Raoul needs to get his facts straight,” Southwood said. “Why would we thank him for promising to include us in those fateful discussions, only to have him ‘ghost’ us at the most crucial time in the negotiations and let the bill’s supporters completely exclude us from providing any input whatsoever? All you need to do is look at the SAFE-T Act to know that Mr. Raoul didn’t keep his pledge to us, and caved in to the pressure from his own political party.”

Also on the ballot is Libertarian attorney general candidate Dan Robin.

The election is Nov. 8. Early voting is underway.

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.