It’s just a bill
Friday, Mar 17, 2023 - Posted by Rich Miller
* As we discussed, freshman GOP Rep. Jed Davis had some harsh things to say about his Republican colleagues the other day. He doubled down in his latest constituent newsletter…
My hand was slapped for calling out republicans last week. I stand by my comments, we shouldn’t hold up committees no matter the excuses, which were basically the dems made us do it… Feels like I’m back in grade school at times.
* On to the topic at hand. Let’s go back to Rep. Davis’ newsletter…
The house moved legislation this week, mostly low hanging fruit, although I still voted no 12 times. Curious about my votes, just click What is Jed Doing below, everything is right there. Here’s a bill of interest…
HB1591: Illinois is already an out of state abortion haven. This bill paves the way on the marriage front by removing roadblocks for Illinois becoming an out of state marriage haven. You often hear republicans struggle with platform. Well, the votes here exemplify this statement. We’re all over the map with no votes, not voting votes, and yes votes. Hmm.
HB1591’s synopsis…
Amends the Illinois Marriage and Dissolution of Marriage Act by repealing all of the following provisions: (i) no marriage shall be contracted in this State by a party residing and intending to continue to reside in another state or jurisdiction if the marriage would be void if contracted in the other state or jurisdiction, and every marriage celebrated in this State in violation of that provision is null and void; (ii) before issuing a license to marry a person who resides and intends to continue to reside in another state, the officer having authority to issue the license shall satisfy himself by requiring affidavits or otherwise that the person is not prohibited from intermarrying by the laws of the jurisdiction where the person resides; and (iii) an official issuing a marriage license with knowledge that the parties are prohibited from marrying and a person authorized to solemnize marriages who knowingly solemnizes such a marriage are guilty of a Class C misdemeanor.
* The bill is sponsored by Rep. Kelly Cassidy (D-Chicago). From her own constituent newsletter…
I plan to advance HB1591, which cleans up outdated language in our marriage laws that could have unintended consequences in a post-Dobbs world if states start to prohibit certain marriages. The Dobbs decision specifically noted the two landmark decisions legalizing interracial marriage and same-sex marriage as being vulnerable, so it’s important that we take steps to protect people who could be impacted by the decision just as we did in the reproductive health space.
Mike Miletich also did a story.
* It was indeed an odd roll call. Click here. The Republican “Yes” votes (7, including House Minority Leader McCombie) and non-voters (8) are highlighted for ease of use.
…Adding… Illinois Freedom Caucus…
It is not the place of Illinois state government to do an end run on the laws of other states just because the radical left might not like the laws the duly elected officials in these states enact and enforce. If Illinois denies someone a professional license, we expect other states to honor our standards of professional regulations. This is how we have been able to live in one country with different states and different state laws. Our state government is in effect becoming the 21-year-old being paid to buy alcohol for high school students. It is a disgrace and an embarrassment to state leaders in other states. We are basically thumbing our nose at other states and saying we will not respect their laws and if the circumstances surrounding this legislation were to actually happen – we would be creating tremendous legal issues. Our state needs thoughtful leadership and unfortunately all we are getting is more extremism and radicalism.
* Moving right along. C’mon, it’s just one bill among thousands. Also, Senator Turner lives in Springfield, not Decatur…
Because our legislative leaders do not have anything better to do, the State of Illinois is considering the design and adoption of a new state flag. It seems that some people in the state say our current banner – a picture of an eagle perched on a boulder with the word “Illinois” underneath is not symbolic enough.
“Illinois is a diverse state made up of rural, urban and suburban communities known for its agriculture, strong workforce, home of Abraham Lincoln and more,” State Representative Doris Turner, a Democrat from Decatur, said in a statement. “Our flag doesn’t show that. It’s time we have a flag that truly represents our state.” […]
I appreciate Representative Turner’s desire to reflect all of Illinois’ diversity on a new flag, but I doubt any new design will be able to make everyone happy. There just is no way to come up with a design to reflect farm and city; Chicago and Cobden, concrete and Cache River basin all at the same time.
Pretty sure that divide can be bridged (including the suburbs). That’s one reason why I personally think we should try to do this. It would be a good exercise in reuniting after years of people running us down and trying to divide us, in some cases literally so.
* The Illinois Opportunity Project has been ginning up electronic witness slips in opposition to this bill…
Grassroots engagement remains the most effective way to make policy changes. And we saw this again with your advocacy in the fight against ranked-choice voting (RCV).
This week, IOP Field Director, Andy Bakker, brought his expertise to the state capitol and testified against this confusing and disenfranchising voting system. Andy testified on behalf of the Coalition to Stop Ranked-Choice Voting, the over 3,000 Illinois residents who filed witness slips, and the thousands more who sent emails and called their legislators urging them to reject RCV in Illinois.
The “thousands more who sent emails,” is kind of a hoot, since many of those emails were received at the same exact time. Didn’t look at all like bots. Nope.
The bill (HB2807) would allow a pilot project for the presidential primary. The political parties can opt out. It’s most definitely not soup yet, regardless of the attacks.
* Center Square…
Some state lawmakers are looking to hold rideshare companies in Illinois to the same standard as other common carriers like taxis.
State Rep. Jennifer-Gong Gershowitz, D-Glenview, introduced House Bill 2231, which would set up a new standard for companies like Uber and Lyft by getting rid of an exemption that says rideshare companies are not responsible for their drivers.
Gong-Gershowitz explained her measure on Thursday.
“House Bill 2231 puts rideshare companies like Uber and Lyft on the same playing field as taxis and other common carriers,” Gong-Gershowitz said. “The policy rationale for granting this statutory exemption nearly a decade ago no longer makes sense, and its extended use harms public safety.” […]
The bill passed the House 73-36 and now awaits to be sent to the Illinois Senate.
ABATE, the group which lobbies against motorcycle helmet mandates, supported the bill. I reached out and was told they got involved after two young motorcycle riders were killed by a rideshare driver while his app was on. Current law exempts rideshare companies from these sorts of suits.
From the Illinois State Bar Association…
Injured customers of the ridesharing companies are now statutorily limited in their efforts to be made whole for an injury that they had received because of the actions of the ridesharing companies. If they had been injured by the actions of any other common carrier who competes with the ridesharing companies, they would have an opportunity to be made whole. The injured customer should have a right to seek to be made whole.
Lyft settled a lawsuit filed by a woman who alleged she was raped by one of their drivers before the Illinois Supreme Court could rule on the law. The appellate court had sided with rideshare companies after the legislature exempted them from suits.
* Press release…
The Illinois House and Senate Committees advanced more than 1600 bills last week, but missing were any significant reforms needed to address pensions, create new jobs, and provide tax relief to working families, according to State Representative Blaine Wilhour (R-Beecher City).
One bill left on the table at the Committee deadline is House Bill 2986, which prevents the rate of growth of general fund spending from exceeding the rate of growth of the Illinois median household income. Another measure not considered in a House Committee (HB 1640) creates the Efficient School District Commission to make recommendations on where reorganization and realignment of school districts into unit districts would be beneficial. Wilhour also introduced measures (HB 2136) to end the legislative pension system for new members and to implement some other basic pension reforms (HB 1644 and HB 1645), but none of these bills were considered in a legislative Committee.
“Every year Governor Pritzker has been in office, he has increased spending and there is no effort on the part of the leadership in the House and the Senate to provide any kind of financial restraint,” Wilhour said. “We continue to ignore the pension crisis and do nothing about it. We can’t even put together a commission to look at what reducing the number of school districts would look like. We keep creating new programs and creating new ways of spending money while our state continues to march toward insolvency. We will never improve our financial outlook as a state until we resolve the structural obstacles in Illinois government preventing real reform from taking place.”
Wilhour noted that instead of tackling the big issues, legislative leaders are prioritizing measures such as House Bill 1596 which strikes pronouns from state statutes involving children and Senate Bill 1818 which establishes a commission to study if Illinois needs a new flag.
Ah, yes, there’s the new flag proposal again. Rep. Wilhour co-sponsored the resolution to kick Chicago out of Illinois. Dividers don’t want a symbolic exercise that could help heal some wounds.
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A look at day 2 of the ComEd 4 trial
Friday, Mar 17, 2023 - Posted by Rich Miller
* Both former Reps. Scott Drury and Carol Sente, who testified for the prosecution yesterday, voted for ComEd’s bill in December of 2018. That bill is the basis for this corruption trial. Madigan didn’t vote either way. But this transcript from September of 2018 sure looks like Madigan was involved with details and Mike McClain was doing his bidding…
MADIGAN: What about the PLA at ComEd for one-fifty and the laborers?
McCLAIN: Right. So, I’m, I’m, I gotta call into Fidel uh, I, what is today, Friday? I called him on Wednesday to see what the status is, if Dick Gannon’s taking that around so, um, once, once Fidel gets back to me I’ll, I’ll call you right away.
This doesn’t prove bribery, of course, but it does show Madigan was involved.
…Adding… From an insider…
The unions typically go to the legislative leaders and ask them to help push companies that are slow to sign off on PLAs. I presume that’s what the call was. It’s not related to the ComEd bill.
* The federal government is trying to prove that McClain acted as Madigan’s agent on the ComEd bill, and they have recordings to back up their general argument about McClain’s duties. From Hannah Meisel’s story…
But McClain called Lang with some bad news: Another woman was threatening to come forward with harassment allegations if Lang was reinstated to a leadership position. What’s more, Madigan wanted Lang to resign from office to become a lobbyist.
“So this is no longer me talking,” McClain said in that Nov. 2018 call. “I’m an agent of somebody that cares deeply about you, who thinks that you really oughta move on.”
“Agent,” as used by McClain, is exactly how federal prosecutors want the jury to think of the defendant in the trial where he and three others stand accused of bribing Madigan with jobs and contracts for the speaker’s political allies in exchange for legislation favorable – and lucrative – to ComEd.
…Adding… The Lang thing does have that vibe…
* From the Tribune…
Asked about the call, Lang testified he knew McClain called him that day to deliver a message from Madigan. He said he knew that McClain often delivered messages for the speaker, and sometimes referred to Madigan as “our friend” or “‘Himself,’ as if it had a capital ‘H.’”
“It was very clear that there had been a decision made by the speaker that I was not going to move up in the ranks,” he told the jury. […]
On cross examination by McClain’s attorney, Lang acknowledged that in decades as a legislator, “Mike Madigan never ordered me to do anything.” He also says he remembers “nothing” about Madigan doing anything special to pass ComEd’s legislation.
* Sun-Times…
Despite the gravity of the request McClain made in November 2018, Lang said he was not surprised to get the message from McClain — who was then a ComEd lobbyist — and not Madigan himself.
“Because Mr. McClain was the person who was often sent by the speaker to talk to members about various issues involving the workings and operations of the Illinois House of Representatives,” Lang told prosecutors.
* ABC7…
In another call with then-Madigan staffer Craig Willert on February 20, 2019, [McClain] is heard saying: “My client is not ComED…My client is not Walgreens. My client is the Speaker.”
Full McClain quote…
My client is not ComEd, my client is not is not uh CBOE, my client is not Walgreens. My client is the Speaker. And once you come at, not you, but once a lobbyist comes to peace that that’s their client, it’s a lot easier. (Laughs)
* The government is also trying to show the jury the alleged seediness of Illinois politics under Madigan…
“I would never embarrass him that way,” replied Lang, who continues to deny the allegations, but then asks, “Do you think he [Madigan] would be helpful to me in business procurements?”
“Yes,” McClain replied.
* Meanwhile, Madigan’s people monitored every channel, including comments on this website…
Nobody followed Drury because Drury was not in any way collegial. When you spend most of your time at your job lecturing colleagues and grandstanding instead of working with them, you just don’t get too far in life, no matter what profession you’re in.
* More on Drury…
Drury said Madigan would determine House committees, who sat on them and who the chairmen would be. He had the power, Drury said, to control the flow and the schedule of legislation. […]
[Drury and former Rep. Carol Sente] described how Madigan would use the rules committee to either bless or kill litigation.
1) All chamber leaders in both parties have controlled the appointment of committee members and chairs/spokespersons for longer than I’ve been around, and still do to this day. And the majority chamber leaders still control the legislative flow and schedule.
2) After moving all bills out of Rules to standing committees for two years, the House has now reverted back to the old ways. More here.
* Isabel’s coverage roundup…
* Tribune: Despite nearly four decades at the helm of Illinois politics, ex-House Speaker Michael Madigan’s voice was rarely heard publicly, outside of an occasional news conference or speech on the House floor. But Madigan’s voice echoed through a Chicago federal courtroom on Thursday as prosecutors played a series of undercover recordings showing how the then-powerful speaker muscled out one of his longtime allies, Lou Lang, to stave off a potentially new sexual harassment scandal.
* Crain’s: A series of bombshell recordings, many of which were excerpts of intercepted conversations not disclosed in previous court filings, showed Madigan greatly concerned with getting Lang out of his caucus in 2018 following sexual harassment allegations leveled against Lang earlier that year.
* Hannah Meisel: Calls between Madigan and McClain mentioned they’d been informed of the harassment claims against Lang by the former top attorney in the speaker’s office at the time, Heather Wier Vaught. Wier Vaught on Thursday confirmed the existence of those 2018-era harassment claims surrounding Lang. “I don’t dispute that more than one person came forward with allegations against Lou,” she told Capitol News Illinois, noting those individuals whose claims never were made public had a right to privacy.
* WGEM: During cross-examination, McClain attorney Pat Cotter said it was understandable that Madigan wouldn’t want “someone in leadership who was at that point facing a second sexual harassment claim.” But Lang declined to acknowledge he was facing harassment claims at the time, employing the line “just because someone says there was an allegation does not make it true.” He especially chafed at Cotter’s later use of the word “charges.”
* ABC Chicago: today was about establishing former House Speaker Mike Madigan as the one person during his tenure who could make or break a piece of legislation, wrote the rules that ran the House and would substitute committee members if he knew a particular member was going to vote against his wishes. “I did not expect to lose my chairmanship because I was acting in the best interests of my district,” said Carol Sente, a former State Representative from Vernon Hills who believes she was punished for not supporting bills that were important to Madigan.
* NBC Chicago: Scott Drury, a former Assistant U.S. Attorney who came to Springfield in hopes of passing legislation to address what he saw as large number of wrongful convictions in his native Lake County, testified that the Illinois House was run by what many called the “Speaker’s Rules.” […] Both former House members described how Madigan would use the rules committee to either bless or kill litigation.
* Sun-Times: Other revelations in the trial Thursday included details of the FBI’s approach to ComEd executive Fidel Marquez on Jan. 16, 2019. FBI special agent Ryan McDonald told jurors that he and another agent, dressed in suits, visited Marquez at a family member’s home around 6 a.m. that day. McDonald said they played tapes for Marquez. In one, the agent said Marquez had been caught discussing allies of Madigan who were being paid by ComEd through Doherty’s company. In another, Marquez was allegedly heard discussing efforts by Madigan to install former McPier boss Juan Ochoa on the ComEd board.
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* I wanted to highlight some excellent courtroom reporting today. Let’s start with Jon Seidel and Tina Sfondeles…
Assistant U.S. Attorney Sarah Streicker began Wednesday with commentary that lasted roughly 90 minutes. She started with McClain’s own words, caught on one of the many recordings jurors will hear: “We had to hire these guys because Mike Madigan came to us.”
“In short, Madigan wanted, the defendants gave, and the defendants got,” Streicker told the jury. “It’s that simple.” […]
She described McClain’s close relationship with Madigan to jurors. And she said job recommendations made by Madigan — typically through McClain — were treated as demands. By way of example, she described a recorded conversation McClain had with a senior ComEd employee.
“He told this employee that ComEd must immediately handle requests from Madigan, and that ComEd must understand that, when McClain sends over a resume, it’s not a request. It’s a demand to hire someone,” Streicker said.
* Jason Meisner and Ray Long…
Streicker alleged ComEd poured $1.3 million into payments funneled to ghost “subcontractors” who were actually Madigan’s cronies, put a Madigan-backed person on the ComEd board, and gave coveted internships to families in his 13th Ward, all part of an elaborate scheme to keep the speaker happy.
And, it worked, Streicker said, because over the eight years of the scheme, Madigan helped ComEd win three lucrative pieces of legislation, including the “Smart Grid” bill in 2011 and another bill in 2016 that held a rate structure in place and extended the life of two of the company’s nuclear plants.
“Mike Madigan was the most powerful person in the Illinois General Assembly,” Streicker said. “He (could) wield that power to make or break a piece of legislation. The defendants bribed him, and they did so by paying Madigan’s associates through jobs and contracts at ComEd.” […]
“Madigan exercised enormous power,” she said, saying his “power and control made him critical to ComEd’s success” because he could help or hurt ComEd’s agenda in Springfield.
“This is why defendants sought to corruptly influence Madigan,” Streicker said.
* Hannah Meisel…
But the government’s opening arguments – and their initial questioning of former State Rep. Carol Sente, D-Vernon Hills – sought to illustrate for the jury the amount of power Madigan wielded, not just as speaker of the Illinois House, but also as chair of the Democratic Party of Illinois and a prolific fundraiser for Democrats.
“In short, if Madigan wanted to stop a piece of legislation, he could kill it in any number of ways,” Streicker said. “At the same time…he controlled the purse strings for Democrats. They needed him to get elected and get re-elected…He held enormous power over the other legislators.”
As for McClain, Streicker called him a “double agent” on behalf of both ComEd and Madigan, who infamously did not own a cell phone or use email.
“When you heard something from McClain, you know it came from Madigan,” Streicker said.
* Matt Masterson…
According to prosecutors, Madigan did not own a cellphone and didn’t use email, but instead used McClain as a mouthpiece to make his demands known. For instance, when an intern’s resume was presented to ComEd by McClain for consideration, it wasn’t a request, “it’s a demand,” Streicker said.
“These were not mere recommendations,” she said. “The evidence will prove that these were demands and the defendants acted on them.”
* Sam Charles, Erik Runge and Julian Crews…
“The defendants sought to bribe Mike Madigan in order to influence his actions in the General Assembly, to ensure that he didn’t take action to hurt the company in the General Assembly and to reward past beneficial conduct to ComEd in the general assembly with legislation that was worth hundreds of millions of dollars,” Streicker told jurors. […]
The prosecution’s first witness, former north suburban State Rep. Carol Sente, was called to testify at the end of the day, and the first questions posed to her concerned the legislative process in the Illinois state capitol.
Asked to characterize Madigan’s control over the Illinois House of Representatives, Sente said it was “extremely firm.”
* Charlie Wojciechowski…
Much of the evidence is expected to come from ComEd’s former vice president of external communications, Fidel Marquez. He will be testifying in an attempt to reduce his own sentence.
Marquez took over for defendant John Hooker. His phone was among those tapped by federal authorities.
The prosecution said he will deliver an “insider’s view” of the crimes. In particular, he is expected to testify about the company’s use of sub-contractors, people who did little if any work, but were paid upwards of $4,500 dollars a month allegedly at the request of Madigan intermediaries. The jobs, prosecutors say, were used as political rewards.
The money was allegedly funneled through Dougherty’s lobbying firm. At one point, the government said, payments totalled more than $37,000 dollars a month.
The trial resumes today at 10. Follow along by clicking here.
*** UPDATE *** As noted above, former Democratic Rep. Carol Sente is the federal government’s first witness. She’s supposed to give jurors a look at how the legislative process operates. The part about Madigan controlling the Rules Committee is true, but as Hannah then points out, the part about the committee meeting in private is just plain false. Not sure how the heck the feds allowed that to happen…
* Meanwhile…
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