Capitol Fax.com - Your Illinois News Radar » ComEd 4 defense attorneys make their case
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
ComEd 4 defense attorneys make their case

Thursday, Mar 16, 2023 - Posted by Rich Miller

* Tara Molina

Defense attorneys for the four defendants painted a consistent picture: the defendants were doing their jobs. They were very good at their jobs and never crossed any legal lines.

Attorneys said the evidence will show the government’s focus on taking down Madigan led them to pick and choose the evidence that fits their theories.

The defense stressed to jurors that lobbying isn’t illegal and all defendants were engaged in what’s considered standard practice in Springfield.

* Jon Seidel and Tina Sfondeles

Cotter, representing McClain, called the case the product of an “exceptionally focused, goal-driven investigation” aimed at the former speaker.

“I didn’t count how many times Mr. Madigan — who isn’t here — was mentioned during the government’s opening,” Cotter said. “I didn’t count. But it was a lot.”

Cotter insisted to the jury that they will “hear no words” linking a job recommendation from Madigan with any piece of legislation. Nor, he said, will jurors hear any discussion of Madigan helping pass a piece of ComEd legislation.

“No connection to legislation, no bribe,” Cotter said.

Cotter explained that ComEd — despite allegedly bribing Madigan — invested in a massive lobbying effort to try to get the legislation passed, and that Madigan’s staff still forced the utility into concessions worth millions. […]

[Gabrielle Sansonetti, Jay Doherty’s attorney] also told jurors that there is little evidence to prove the government’s argument that those subcontracted lobbyists did little to no work, arguing that some lobbyists are hired so they’re not snatched up by a competing firm, or just in case an issue pops up. Others are paid on a retainer. And lobbyists frequently attend dinners, charity events and political events that aren’t necessarily tracked by their employers, she told jurors.

* Jason Meisner and Ray Long

Cotter said that it was clear that federal prosecutors and the FBI developed an “exceptionally focused, goal-driven investigation” that was targeting Madigan from the beginning. In their overzealousness, he said, the government “began to see what they wanted to see.”

“When you’re too focused on getting the big target, everything begins to look like a crime,” he said.

Pramaggiore’s lawyer, Scott Lassar, described his client as a “wonderful woman,” a “Girl Scout” who rescued ComEd from tumultuous times.

He said she “knew that Mike Madigan was only concerned with one thing, and that was staying in power, staying speaker of the House,” and that he ”never lifted a finger” to help pass any legislation on the company’s behalf.

“He was never a friend to ComEd, never was and never would be,” Lassar said. “And she was right.”

* Charlie Wojciechowski

“[Pramagiorre] never asked Madigan for help in passing any ComEd legislation,” [Former U.S. Attorney Scott Lassar said].

* Hannah Meisel

After federal agents approached Marquez in early 2019 with some preliminary evidence they had found when looking into lobbying subcontracts under Doherty, Marquez agreed to cooperate and wear a wire, which continued for months. But Jacobson said Marquez took the government’s deal after learning he could face years in prison “even though he didn’t think he’d done anything illegal.”

“Marquez took the sure thing, the get-out-of-jail-free card,” Jacobson said. “Marquez is a man who lies to benefit himself.”

Doherty’s attorney, Gabrielle Sansonetti, took that theory further, acknowledging to the jury that “there should’ve been more oversight” on the lobbying subcontracts – not from Doherty himself, but ComEd.

“The one guy responsible for all this oversight? You might have already guessed: Fidel Marquez,” Sansonetti said, claiming that when the feds discovered Marquez failed to do his oversight job, “he passed the buck, he became an informant.”

* Sam Charles, Erik Runge and Julian Crews

Scott Lassar, Pramaggiore’s defense attorney, told the jury that his client was well aware that Madigan was only concerned with his political well-being.

“Anne knew, and others knew at ComEd, that Mike Madigan was only concerned with one thing, and that was staying in power, staying the Speaker of the House, staying has head of the Democratic Party,” Lassar said. “Anne knew that Mike Madigan was not a friend of ComEd, never was and never would be. And she was right.”

Jacqueline Jacobson, Hooker’s attorney, told jurors: “John never conspired or agreed with anyone to bribe Madigan in connection with ComEd legislation or to falsify the internal books and records of ComEd. Because John never, never had any corrupt intent.”

Sansonetti said Doherty hired four subcontractors — which prosecutors have said was a bribe to please Madigan — at the direction of Fidel Marquez, a former ComEd executive who wore a wire and is cooperating with the government.

* Matt Masterson

McClain’s defense attorney Patrick Cotter framed his client’s actions as nothing more than legal lobbying.

“When you have a problem that you need to resolve with your elected representative, … it might make sense, if you can, to hire somebody to help you do that,” Cotter said. “It’s not a crime, and it’s not a conspiracy, and you know what, it’s not even suspicious.” […]

Cotter accused prosecutors of zeroing in their investigation on Madigan — who is not charged in this case, but faces a separate racketeering and bribery trial next year — and claimed they began to “see what they wanted to see” — that the defendants “somehow were part of some nefarious conspiracy.”

“The government’s theory is wrong,” Cotter said. “It’s too simple.”

Follow along live by clicking here.

       

18 Comments
  1. - Ryder - Thursday, Mar 16, 23 @ 10:06 am:

    Cotter seems to be a very sharp attorney representing McClain. I wasn’t impressed at all with Lassar representing Pramagiorre…… “Mike Madigan was not a friend of Com Ed……” Come on….that’s laughable. He had everybody working there. That’s the best he got?


  2. - RNUG - Thursday, Mar 16, 23 @ 10:11 am:

    Not all “quid pro quo”s are overt. That’s what this case will come down to … assumptions and expectations.


  3. - Lincoln Lad - Thursday, Mar 16, 23 @ 10:25 am:

    How this case goes will have a lasting impact on what happens in Springfield for years to come. I hope it puts an end to the acceptance of the abuse of power without accountability. Enough.


  4. - Streamwood Fish - Thursday, Mar 16, 23 @ 10:31 am:

    Scott Lassar was a lousy U.S. Attorney and he has a nasal voice. not a good look to the jury


  5. - Streator Curmudgeon - Thursday, Mar 16, 23 @ 10:40 am:

    Prosecutors are stunned when Madigan’s legal team launches Clarence Darrow’s classic “pants under the armpits” defense.


  6. - Back yo the Future - Thursday, Mar 16, 23 @ 10:50 am:

    Defendant’s lawyers all put out some interesting ideas.
    With all the wire tap recordings, documents and 70 witnesses this has to be a bit of a high mountain for them climb, but I thought the focus on the issue of where the lines are in lobbying public officials was important to highlight.
    Hat tip to Cap Fax for covering this case so well.


  7. - Moi - Thursday, Mar 16, 23 @ 10:50 am:

    Streator Curmudgeon @10:40 am. Thank you for making me laugh so loud. :-)


  8. - Steve - Thursday, Mar 16, 23 @ 10:52 am:

    -I wasn’t impressed at all with Lassar representing Pramagiorre-

    Lassar used to run the USA office here. There really is a revolving door.


  9. - Bud's Bar Stool - Thursday, Mar 16, 23 @ 11:11 am:

    Carol Sente just claimed on the stand that the Rules Committee meetings are not public. Huh? The feds aren’t prepping their witnesses?


  10. - Just Me 2 - Thursday, Mar 16, 23 @ 11:11 am:

    It seems to me the defenses’ main argument is that everyone else does it too, and they are being unfairly picked on.

    That argument doesn’t work with speeding tickets either.


  11. - Oswego Willy - Thursday, Mar 16, 23 @ 11:14 am:

    ===That argument doesn’t work with speeding tickets either.===

    Speeding is the act of going faster than the posted limit.

    What exactly are the four being called on when the culture itself is about ethics?

    Good try, but we are going to have to wait to see the hard evidence and what the jury believes, as the culture is seemingly the framing. Little talk to the direct criminal acts.


  12. - Loop Lady - Thursday, Mar 16, 23 @ 11:22 am:

    I’m just ticked off that we’ll really never know how deep and wide the corruption was after the spin doctor attorneys are through.

    I dealt with ComEd in the early 2000’s and they tried to out lawyers my side, lie, and obfuscate.

    They protected themselves and secondly, their shareholders.

    No shame.


  13. - Lincoln Lad - Thursday, Mar 16, 23 @ 11:31 am:

    Senate’s value as a witness already destroyed.


  14. - Lincoln Lad - Thursday, Mar 16, 23 @ 11:32 am:

    ‘Sente’. Auto correct


  15. - 47th Ward - Thursday, Mar 16, 23 @ 11:33 am:

    I think Doherty’s argument that Marquez was responsible for his subcontractors work, or lack thereof, seems weak. Jay was paid by ComEd. Jay hired the subs. I hope he has more to show he’s simply an innocent bystander.


  16. - Hannibal Lecter - Thursday, Mar 16, 23 @ 11:36 am:

    === Carol Sente just claimed on the stand that the Rules Committee meetings are not public. ===

    Did any of the defense attorneys point that out in cross-examination?


  17. - Rabid - Thursday, Mar 16, 23 @ 11:41 am:

    Sound more like a public grand jury for madigan


  18. - Ares - Thursday, Mar 16, 23 @ 12:07 pm:

    I watched the defense opening arguments. Only one defense attorney mentioned the word “democracy” (and then only one time). Nobody mentioned how having legislators accessible to constituents and interested parties is critical to a working democracy. Only two defense attorneys mentioned the important role lobbyists play in a democracy. Will be interested is this will come up in testimony or closing arguments.


Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - Quick session update (Updated x3)
* Isabel’s afternoon roundup
* Question of the day
* Migrant shelter population down more than a third since end of January
* Tier 2 emails, calls inundating legislators
* Tax talk (Updated)
* That's some brilliant strategy you got there, Bubba
* Credit Unions: A Smart Financial Choice for Illinois Consumers
* It’s just a bill
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition and a campaign update
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller