Madigan doesn't want the word 'corruption' used in upcoming corruption trial

[September 05, 2024]  By Brett Rowland | The Center Square

(The Center Square) – Former Illinois House Speaker Michael Madigan doesn't want the word "corruption" mentioned at his upcoming corruption trial.

Madigan laid out a litany of things he wants excluded from his upcoming racketeering trial in October. The words Madigan's defense team doesn't want the jury to hear are "patronage," "political machine," "Shakman Litigation," "corrupt politicians," "corruption," and "Public Corruption Task Force," and their derivatives, according to a motion pending before Judge Manish Shah.

Those words are too prejudicial, the defense argued.

"Eliciting these prejudicial and pejorative references are immaterial and not probative to the charged offenses; they are irrelevant," attorneys Daniel Collins and Thomas Breen wrote in the pre-trial motion. "Additionally, these terms are highly prejudicial and will only stigmatize Madigan while offering nothing towards proving the government’s case. These terms imply illegality with stigmatizing rhetoric tarnishing the reputation of Madigan in the presence of the jury needlessly and unfairly."

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.

The Shakman decrees were a series of federal orders regarding government employment in Chicago. The judicial decrees in 1972, 1979, and 1983 were in response to a lawsuit filed by Michael Shakman. The decrees banned political patronage, where politicians give government jobs to supporters of a politician or party.

In 2022, the U.S. Seventh Circuit Court of Appeals ordered a lower court to vacate the 1972 Shakman Consent Decree for the governor. The higher court cited progress "instituting and supporting several remedial measures in recent years to minimize the risk of political patronage in employment practices."

"Corruption," "political patronage" and the "Shakman decrees" were mentioned in the 2023 trial of four former ComEd executives convicted of a multi-year scheme to bribe Madigan.

On May 2, 2023, an Illinois jury convicted former state lawmaker and lobbyist Michael McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty. The case involved a conspiracy to bribe Madigan with $1.3 million in no-show jobs, contracts and payments to associates in exchange for support with legislation in Springfield that would benefit the utility's bottom line. None of the defendants in that case have been sentenced yet.

Former Illinois House Speaker Michael Madigan walks out of the Everett M. Dirksen U.S. Courthouse in Chicago on Wednesday, Jan. 3, 2024. - By Brett Rowland | The Center Square

In Madigan's upcoming trial, he faces charges of a similar scheme with another Illinois company – AT&T Illinois.

Those aren't the only things Madigan's team wants to keep from the jury.

His pre-trial motion also seeks to bar testimony about campaign contributions and political fundraising, including donations and fundraisers involving some of the people in the alleged corruption scheme. The defense also doesn't want testimony about compliance with ComEd's or AT&T's Code of Conduct. And the defense wants to exclude "speculative testimony of Madigan's power or control over the legislative process."

As speaker of the state's lower legislative chamber, Madigan controlled how bills moved through the legislature or whether they were taken up at all. As head of the Democratic Party of Illinois, a position Madigan held for decades, he also controlled the party's pursue strings, giving him vast influence across party.

"Madigan had specific powers as Speaker of the Illinois House of Representatives which were established at the beginning of each General Assembly. He only received these powers after 60 members of the House elected him and enacted the House Rules," according to the defense motion. "The testimony offered through various witnesses about Madigan’s 'power' as Speaker does not appear to be grounded in these Rules in any way. Thus, any testimony about Madigan’s 'power' as Speaker that is not based on personal knowledge of the witness should be excluded as it will only serve to mislead the jury."

In the 2023 ComEd trial, one state lawmaker testified that Madigan had "total control" over the Illinois House and the Democratic Party of Illinois, a state lawmaker told jurors on March 20 in the trial of four former ComEd officials facing corruption charges. Asked by prosecutors how Madigan obtained that power, the lawmaker responded: "Through fear and intimidation." He further said that getting elected as a Democrat in Illinois without Madigan's support "could be very, very difficult."

The first section in the defense motion was redacted, so Madigan may have asked for additional testimony to be excluded that has yet to be made public.

Prosecutors have already filed some pre-trial motions as they prepare for the trial.

Judge Shah is expected to address several motions before the October trial.