A bipartisan Illinois House committee began hearings Sept. 10
to investigate whether Speaker of the House Michael Madigan was involved in
behavior unbecoming of a state lawmaker after he was implicated in federal
bribery charges filed against ComEd in July.
The first day of the hearing wrapped up quickly after the committee voted to
send a formal letter to the U.S. District Attorney’s office asking him whether
the committee’s own investigation would interfere with the ongoing federal
investigation into Madigan.
House Minority Leader Jim Durkin, R-Western Springs, said he already received
clearance from the attorney’s office to proceed with the hearings, but chairman
Chris Welch, D-Chicago, was not swayed.
Welch adjourned the committee without setting the next meeting date. Republicans
voiced scheduling concerns and were under the impression hearings would be held
weekly.
In the only debate of the morning, state Rep. Natalie Manley, D-Joliet, pressed
Durkin as to whether Madigan would have to be found guilty of criminal charges
to be proven to have engaged in unbecoming conduct. Republican lawyer Ron Safer
said the committee is deciding on Madigan’s behavior as a lawmaker, not on legal
offences. He said there does not need to be proof of any crime for Madigan to
have betrayed public trust.
Madigan called the committee a “political stunt,” but recused himself from the
investigation, leaving Welch in charge. Madigan does have the right to appear
with counsel in front of the committee if he chooses.
The hearings are not legal proceedings and cannot find Madigan to be legally
charged or guilty of any crime. However, they can recommend discipline based on
Madigan’s actions, which can include punishment as high as removal from the
House, according to House Rule 91. Documents from the committee will be
available to the public online.
Both Durkin and Welch agreed to follow the practices used in 2012, when former
state Rep. Derrick Smith was ousted for criminal conduct. A committee was also
formed to investigate state Rep. Luis Arroyo in 2019, but Arroyo resigned before
hearings began.
Durkin was one of three Republican House members to bring charges against
Madigan. They are accusing him of conduct “unbecoming to a legislator, or which
constitutes a breach of public trust” for engaging in the ComEd bribery scheme.
The other members of the committee are Reps. Elizabeth Hernandez, D-Cicero, Tom
Demmer, R-Dixon, Deanne Mazzochi, R-Elmhurst, and Grant Wehrli, R-Naperville.
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Madigan denied doing anything wrong.
“As I have stated previously, I have never made a legislative
decision with improper motives. The notion that the passage of two
consequential pieces of energy legislation was tied to the hiring or
retention of a few individuals is seriously mistaken,” Madigan said.
Gov. J.B. Pritzker said he hopes the committee can
find answers about Madigan’s behavior and encouraged anyone called
to testify to provide answers. However, the governor has refused to
join 10 other Democratic state lawmakers who have called for
Madigan’s immediate resignation following the ComEd scandal.
“The speaker needs to speak up and answer these questions,” Pritzker
said on Sept. 9. “The speaker owes us all answers.”
In July, federal prosecutors announced ComEd had been charged with a
years-long bribery scheme that sought to “influence and reward”
Madigan between 2011 and 2019 by arranging $1.3 million in jobs,
contracts and payments to his political cronies.
Madigan was not charged as part of the case, but was identified in
court documents as “Public Official A.” As part of the deal, ComEd
agreed to pay a $200 million fine, admit to seeking Madigan’s help
in passing legislation worth more than $150 million to the utility
and continue to cooperate with the ongoing federal investigation
into public corruption.
ComEd’s former vice president of governmental affairs, Fidel
Marquez, was charged with bribery conspiracy Sept. 4, alleging he
orchestrated the scheme to pay Madigan allies in exchange for the
speaker’s support in Springfield. Charges via criminal information –
as opposed to a grand jury indictment – indicate Marquez is likely
to plead guilty.
State lawmakers from both parties and Democrats from across the
state have called for Madigan to immediately resign his positions as
House speaker and chairman of the Democratic Party of Illinois.
Others, such as Pritzker, have made a milder call for him to resign
if the allegations are true.
The Madigan corruption probe has complicated Pritzker’s appeal to
voters for his “fair tax” on the Nov. 3 ballot. Madigan is the fifth
key backer of a progressive tax to face corruption probes as voters
are being asked to trust lawmakers with greater power to impose new
taxes on retirees and tax hikes of up to 47% on over 100,000 small
businesses that create most Illinois jobs.
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