The Illinois Attorney General's off...

The Illinois Attorney General's office is exploring whether Gov Blagojevich could be overstepping his authority by means of refusing to publicly release federal subpoenas that endeavor to gain information about his administration's hiring practices.

"These issues have been brought to our attention and we are looking at them closely" said Cara Smith, a top aide to Attorney General Lisa Madigan.

EXPLORING FREEDOM OF INFO LAW

The attorney general became interested in the subpoenas after media inquiries to her office about whether the documents should be made public subordinate to the state's Freedom of Information Act. Smith declined to elaborate about what action, if any, Madigan might take.

Blagojevich spokeswoman Abby Ottenhoff in succession Wednesday broke the administration's novel silence on the subpoena issue. She insisted subpoenas are not public records because they are issued by the agency of grand juries, which meet behind clos doors to consider whether persons should face criminal charges.

"The grand jury's meetings are not public and their discussions are not public, and the subpoenas they issue are not public," Ottenhoff said. "Our goal is to provide information in replete to the requesting agency and to cover the integrity of the process"

Madigan's public access counselor, Terry Mutchler repeatedly has exhibited a different interpretation of state freedom of information law. She has said that subpoenas should be considered public records unles law-enforcement officials stipulate they be kept concealed

Ottenhoff declined to say whether the fed have made similar a request to Blagojevich. "I have provided you with what I'm able to say forward the record," she said.

recently made known SUBPOENAS LAST MONTH

The U Attorney's office, which last year began investigating the Blagojevich administration for possible hiring improprieties, has declined to elucidation about any aspect of its probe. No individual in the administration has been charged with any wrongdoing.

The governor stopped discussing subpoenas in November, after he disclosed the fed subpoenaed his acknowledge office and his child welfare, prison and transportation departments for more than three years' worth of hiring records.

Last week, the Sun-Times disclosed that the administration was hit last month with just discovered hiring-related subpoenas as election season heats up The newspaper raise out about the documents from sources who spoke onward condition of anonymity.

cfusco@suntimes.com

dmckinney@suntimes.com

Copyright CHICAGO SUN-TIMES 2006

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