Defense attorneys argue ComEd bribery case was politics, legal lobbying

[April 25, 2023]  By Brett Rowland | The Center Square

(The Center Square) – Michael McClain's attorney said Monday that his client was the best lobbyist in the state, not part of a conspiracy to bribe former Illinois House Speaker Michael Madigan.

"Lobbying and politics are not illegal," said Patrick Cotter, attorney for McClain, the former state lawmaker and longtime Commonwealth Edison lobbyist who was close with Madigan.

Cotter said the evidence presented during the six-week trial showed that the utility had to spend millions on external lobbyists, build coalitions and develop legislative strategies to pass three measures that ultimately helped the company and consumers.

Prosecutors charged McClain, former ComEd CEO Anne Pramaggiore, former lobbyist John Hooker and former contract lobbyist Jay Doherty, with a multi-year scheme to gain former Illinois House Speaker Michael Madigan’s backing for legislation that would benefit the utility's bottom line.

Prosecutors allege the four defendants gave out $1.3 million in jobs, contracts, and payments in exchange for favorable treatment on legislation in Springfield. The defendants have all pleaded "not guilty" to conspiracy, bribery and willfully falsifying ComEd books and records.

Prosecutors painted McClain as a pushy messenger for Madigan. Cotter said that wasn't a crime.

"Sometimes you have to become a pest to be the best lobbyist in the state," Cotter said.

Cotter pointed to Pramaggiore's testimony that ComEd turned down about 50% of job recommendations from Madigan. Cotter also said that McClain expected everyone he recommended for a job to do work.

Cotter also downplayed Madigan's power in Springfield. Madigan held broad authority as speaker of the Illinois House and chairman of the Democratic Party of Illinois for many years. But Cotter said even Madigan had to bend to political whims and that ComEd's practice of building broad coalitions of supporters was what got the speaker to vote in the company's favor.

Cotter said Madigan's team took a "meat cleaver" to millions of dollars worth of benefits in proposed energy legislation backed by the utility.

"That's politics and politics still isn't illegal in this country," Cotter said.

He said lobbying and politics aren't always pretty, but neither is against the law.

"Don't confuse that for a crime," Cotter said.

McClain didn't testify in his own defense during the trial, but Cotter said his years of emails, phone calls and other meetings gave jurors a good sense of how he operated.

Cotter also disputed that McClain's preferred reference to Madigan as "our friend" in emails and phone calls was some type of code. Cotter said "our friend" was a nickname. Witnesses through the six-week trial have said it was known "our friend" meant Madigan.

Former ComEd lobbyist John Hooker; Michael McClain, a long time Madigan confidante; former ComEd CEO Anne Pramaggiore; and Jay Doherty, a lobbyist and consultant who once served as chief of the City Club of Chicago.

Prosecutors spent Monday morning playing the highlights of dozens of secretly recorded calls and meetings during their closing argument Monday, using the defendants' words against them in the case.

"There isn’t an envelope in this world big enough to fit all the money that ComEd paid out," Assistant U.S. Attorney Diane MacArthur told the jury. She said the scheme wasn't money in envelopes. Instead, the bribes were no-show jobs, lucrative contracts and a seat on the utility's board of directors, MacArthur said.

At one point, Cotter appeared moved to tears by the concept of jury service and repeatedly thanked jurors. He said the jurors were acting as a shield between prosecutors on a mission to get Madigan and his client.

Pramaggiore's attorney, Scott Lassar, said during his closing argument that the government had proved Madigan was powerful, but failed to connect Madigan's power to any crime. Lassar said Pramaggiore was never part of any conspiracy.

"This conspiracy exists only in the minds of the government," he said.

Lassar said the conspiracy was implausible and the utility's campaign contributions were more important than any job recommendations.

Lassar said even Fidel Marquez, the former ComEd executive who cooperated with federal investigators, testified he never thought he had committed bribery.

Marquez pleaded guilty to bribery in September 2020.

"ComEd did not bribe Madigan," Lassar said. "There's no connection between hiring people and legislation."

Lassar also said his client was a good person and sent thank you notes to McClain and Madigan. Lassar also said Pramaggiore "was even kind to animals."

Lassar said Pramaggiore's thank you notes prove that she wasn't part of a conspiracy to bribe Madigan. He said people don't thank the people they are bribing. He also said Pramaggiore didn't know about the no-work jobs.

Madigan, who resigned after losing the House speakership in January 2021, has been charged along with McClain with 23 counts of racketeering, bribery, and official misconduct in a separate case that could go to trial in 2024.

ComEd agreed to pay $200 million in July 2020 to resolve a criminal investigation into the years-long bribery scheme. As part of a deferred prosecution agreement, ComEd admitted it arranged jobs, vendor subcontracts, and payments to influence Madigan.

Closing arguments are expected to continue Tuesday.

Brett Rowland is an award-winning journalist who has worked as an editor and reporter in newsrooms in Illinois and Wisconsin. He is an investigative reporter for The Center Square.