Madigan held 'total control' over Illinois House, lawmaker tells jury

[March 21, 2023]  By Brett Rowland | The Center Square

(The Center Square) – Former House Speaker Michael Madigan had "total control" over the Illinois House and the Democratic Party of Illinois, a state lawmaker told jurors Monday in the trial of four former ComEd officials facing corruption charges.

State Rep. Robert "Bob" Rita, D-Blue Island, testified late Monday afternoon during the trial of four ComEd executives and lobbyists accused of a long-running scheme to corruptly influence Madigan.

Rita, who serves as the assistant majority leader in the Illinois House of Representatives, said Madigan exercised unchecked power over everything from committee assignments to when and if bills were called for a vote or left to die in the Rules Committee. At one point, prosecutors had to ask him to speak up.

Asked by prosecutors how Madigan obtained that power, Rita responded: "Through fear and intimidation." Rita further said that getting elected as a Democrat in Illinois without Madigan's support "could be very, very difficult."

Rita also told the jury what happened to people who didn't follow Madigan's orders. When former state Rep. Kenneth Dunkin sided with former Republican Gov. Bruce Rauner on a vote, Rita said the Democratic Party of Illinois recruited and funded a candidate to run against Dunkin in the next primary election.

Rita took the stand as federal prosecutors built up the foundation of their case against former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker, former ComEd consultant Jay Doherty and former lobbyist and state lawmaker Michael McClain. All four have pleaded "not guilty" to conspiracy, bribery, and willfully falsifying ComEd books and records. ComEd is the state's largest electric utility.

Before Rita's testimony, defense attorneys had been pushing back on claims that Madigan was all-powerful and did the bidding of the utility in Springfield. They pointed out that Madigan's staff had insisted on a sunset provision and performance metrics in legislation that could have a negative impact on the company. They also pointed to legislative wins for ComEd before 2011, when prosecutors allege the bribery scheme began.

Then Illinois House Speaker Michael Madigan speaks at a press conference on Monday, April 23, 2018. - Image courtesy of BlueRoomStream

Prosecutors spent much of Monday morning questioning Scott Vogt, ComEd's vice president for strategy and energy policy.

After an eight-year electrical rate freeze, Vogt said ComEd was preparing to file for bankruptcy in 2006 if the freeze was extended. In the following years, Vogt described ComEd's financial circumstances as "dire" in the lead-up to the passage of the Energy Infrastructure Modernization Act, which changed how electrical rates were set for ComEd's nearly 4 million Illinois customers.

Vogt said ComEd officials viewed Madigan's support as "critically important" and that McClain's connections to Madigan made him one of the company's most important contract lobbyists. Vogt said that two measures, the Energy Infrastructure Modernization Act and the Future Energy Jobs Act, "tremendously improved" ComEd's financial position.

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 in a bid to influence Madigan.

Madigan served in the Illinois House from 1971 to 2021. He served as speaker of the Illinois House from 1983 to 1995 and again from 1997 to 2021. He wielded additional power as chairman of the Democratic Party of Illinois.

Madigan, who resigned after losing the House speakership in January 2021, has been charged with 23 counts of racketeering, bribery and official misconduct in a separate case that could go to trial in April 2024. He has pleaded "not guilty."

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.