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Judge John Robert Blakey said he wants prosecutors and defense
attorneys to discuss any potential changes in the case after the
U.S. Supreme Court on Wednesday narrowed the scope of the
federal bribe statute to exclude gratuities – payments or
rewards made after an official act.
In a docket entry Thursday, Judge Blakey said he wants any
changes to the schedule made before the case is set to go to
trial at 9:30 a.m. Oct. 8 in Courtroom 1203.
"The Court reiterates the importance of maintaining the current
trial date (which requires sufficient notice to the defense to
litigate and otherwise defend the charges), and notes that it
would not be in the interests of justice to litigate motions
regarding the current indictment if the Grand Jury might issue a
new charging instrument," according to the entry.
The Supreme Court decision in Snyder v. U.S. could upend several
high-profile public corruption cases in Illinois, including
ComEd 4's 2023 conviction and the upcoming case against former
Illinois House Speaker Michael Madigan. Judges paused those
cases while waiting for the Supreme Court's decision.
"Although a gratuity or reward offered and accepted by a state
or local official after the official act may be unethical or
illegal under other federal, state, or local laws, the gratuity
does not violate §666 [the federal bribery statute]," Justice
Brett Kavanaugh wrote in the decision for the majority.
Madigan served in the Illinois House from 1971 to 2021, as
speaker from 1983 to 1995 and again from 1997 to 2021. That made
him one of the state's most powerful politicians, especially
given his role as head of the Democratic party in the state. He
faces 23 counts of racketeering, bribery, and official
misconduct as part of a federal indictment. Madigan has pleaded
not guilty.
Madigan was initially charged along with convicted former
lawmaker and lobbyist Michael McClain in March 2022 with 22
counts of racketeering and bribery for his alleged improper
dealings with the state's largest utility, ComEd. Prosecutors
further alleged that he used his political power to unlawfully
steer business to his private law firm, Madigan & Getzendanner.
In October 2022, prosecutors filed a superseding indictment that
charged Madigan and McClain with conspiracy related to an
alleged corruption scheme involving AT&T Illinois.
A jury convicted McClain in a separate case in May 2023
involving similar allegations, but he has yet to be sentenced in
that case.
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