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Can Madigan make it through again?

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Illinois

* My weekly syndicated newspaper column…

One of the most politically powerful entities in this state, ComEd, has basically admitted bribing the most politically powerful person in this state, House Speaker Michael Madigan, and agreed to pay $200 million and continue cooperating with federal investigators for at least the next three years.

And, yet, Madigan himself was not charged, although he was finally served with federal subpoenas the same day ComEd’s “deferred prosecution agreement” with the feds was announced.

If it wasn’t clear before (and it should’ve been), it’s completely obvious now that the U.S. Attorney for the Northern District John Lausch wants to take down the longest-serving House speaker in history.

But first, the prosecutor may need some folks to flip on Madigan or find a paper trail that leads directly to Madigan’s door.

Right now, the federal government has recordings or witness accounts of people close to Madigan demanding or at least soliciting favors on the speaker’s behalf — everything from internships in Madigan’s ward, to a ComEd corporate board seat for a Madigan pal.

However, as former federal prosecutor, 2018 Democratic attorney general candidate and cable TV legal analyst Renato Mariotti wrote on Twitter: “proving that ComEd was involved in a scheme to bribe Madigan is different than proving that Madigan knowingly participated in the scheme.”

Some of the folks close to Madigan may never flip. Mike McClain, Madigan’s closest confidante for decades and ComEd’s former top lobbyist/consultant, indicated to WBEZ that he won’t ever cooperate and, knowing him as I have over the years, I tend to believe him.

But others might crack under pressure.

One Madigan associate was allegedly paid millions by ComEd to hire Madigan’s pals who did little to no work. A law firm close to Madigan saw its billable hours reduced by ComEd and Madigan’s people allegedly put the arm on the company to make the firm whole.

As for Madigan, his office claimed in a statement that he has never asked anyone to hire a no-show worker, nor did he ever “expect to provide anything to a prospective employer if it should choose to hire a person he recommended.”

“He has never made a legislative decision with improper motives and has engaged in no wrongdoing here,” the statement claimed.

ComEd got some truly huge bills passed while it was providing all that largess to Madigan’s organization, but someone telling the company a request was for Madigan is different than proving Madigan ordered it to happen.

Even so, the depth and breadth of Madigan’s apparent influence over ComEd was spectacular and the lengths to which the company would go to pass its legislation through Madigan’s House was mind-boggling. I mean, who gives up a corporate board seat like that unless they badly needed something done and figured it would work?

Gov. J.B. Pritzker quickly announced that Madigan should resign if the allegations were true. But that didn’t prompt much of an outpouring by Madigan’s House Democratic members.

I reached out to three dozen of Madigan’s 73 current members to ask for comment. Most didn’t respond. Some declined to talk. A few issued non-committal statements.

But two did follow Pritzker’s line about what should happen next.

“These allegations are very serious and we must be consistent in our efforts to respect the public trust that is given to us by our residents and the people of Illinois,” Rep. Stephanie Kifowit, D-Oswego, told me. “If the allegations are true, then he must be held to the same standard we have held other former elected officials in our chamber and resign.”

“The conduct alleged is outrageous, and comes at the end of a long chain of unacceptable breaches of the public trust not unlike the pattern of ‘lather, rinse, repeat I referenced a few years ago in discussing the allegations of sexual harassment in his office,” said Rep. Kelly Cassidy, D-Chicago, about Madigan. “I agree with the Governor. If any of these allegations are true and Speaker Madigan or those closest to him are involved, then he must resign.”

But it will take more than two angry members to force Madigan out without a federal indictment.

Keep an eye on the growing ranks of young, progressive House Democrats. They held their fire the day this all came out, but they don’t rely on Madigan’s campaign or patronage help like many of his suburban, Downstate and older members do. If they do ever break against him, things could start changing in a hurry.

I wrote that column on Friday afternoon. As subscribers already know, the House Progressive Caucus sent me a statement Sunday. The caucus issued a press release this morning…

Twelve members of the Illinois House Progressive Caucus issued the following joint statement Monday morning:

On Friday, the US Attorney for the Northern District of Illinois released the deferred prosecution agreement it has reached with ComEd. The behavior alleged in this document is an unacceptable breach of the public trust. If these allegations are true, Speaker Madigan and any other elected official involved in this scheme must resign from public service.

We founded the Progressive Caucus because we believe that government can be, and must be, a force for fairness and justice in people’s lives. This kind of behavior is exactly why so many Illinoisans have lost faith in that notion. We deserve better, and we must demand better.

SIGNED,

Carol Ammons, Caucus Co-Chair
Will Guzzardi, Caucus Co-Chair
Theresa Mah, Caucus Co-Chair
Delia Ramirez, Caucus Secretary
Jennifer Gong-Gershowitz, Caucus Treasurer
Kelly Cassidy
Robyn Gabel
Lindsey LaPointe
Anna Moeller
Anne Stava-Murray
Ann Williams
Yoni Pizer

Others have also come forward.

posted by Rich Miller
Monday, Jul 20, 20 @ 9:13 am

Comments

He’ll survive because he’s Madigan. He’ll be the Speaker as long as he wants to be.

Comment by Former State Worker Monday, Jul 20, 20 @ 9:24 am
Madigan should step down, with this scandal being the impetus. While he certainly deserves the benefit of the doubt, he should retire. He’s in his upper 70’s and based on the scandal is surrounded by Machine-like dealings. He should just retire and give others a chance to lead, perhaps. Illinois’ first female Speaker. The DPI is at its strongest point. Now is the time to leave.

Comment by Grandson of Man Monday, Jul 20, 20 @ 9:24 am
They have nothing on Madigan because he did nothing wrong. If people below Madigan did illegal things, that’s on them. But proving that Madigan had ComEd provide ghost payroller jobs for members of his political crew isn’t happening. That’s not how Madigan rolls.

Madigan may have a political problem, but it’s no worse than the GOP’s political problem with that guy in the White House. What Madigan does not have, on the other hand, is a legal problem. There’s no there there.

And as far as ComEd coughing up $200 million? They would be foolish not to take that deal, as they’ll pay it out of their petty cash fund. I know people like to get all excited when it comes to all things Madigan, but those people are going to be disappointed. Again.

Comment by Can Monday, Jul 20, 20 @ 9:27 am
Have you ever been convicted of a felony or misdemeanor?

Convicted? No, never convicted.

https://www.youtube.com/watch?v=nwrvDBmoaXo

Comment by Colin O'Scopy Monday, Jul 20, 20 @ 9:29 am
If Madigan were to come down it would be because another House Democrat challenged him. The only way to successfully do that is create another political operation to support candidates for an election that is in 106 days. That would require an immense amount of cash that could only be generated overnight with the assistance of a billionaire.

So, Madigan’s fate is really in J.B.’s hands. Ironic that after making various Governor’s lives miserable for decades, it is a Governor who now will decide Madigan’s political fate.

Comment by Just Me 2 Monday, Jul 20, 20 @ 9:33 am
It’s not over til the fat canary sings.

Comment by All this Monday, Jul 20, 20 @ 9:35 am
The issue here is “perception is reality” in most other instances, in most other jurisdictions which would require removal.

But in Illinois, the bar is so high to force someone out due to perceptions of malfeasance that there is no shame for those remotely connected and things never change.

Comment by John Lee Pettimore, III Monday, Jul 20, 20 @ 9:36 am
“basically admitted”

They didn’t “basically” admit to it, they actually admitted to it. And in doing so are cooperating fully and agreed to a $200,000,000 fine.

Comment by Flat Bed Ford Monday, Jul 20, 20 @ 9:38 am
I hate these statements from Dem officials that say “if these allegations are true Madigan should step down”

Of course Madigan is not going to say the allegations against him are true.

So couching things that way means the statement maker supports Madigan forever refusing to resign to maintain his innocence.

Madigan should resign because it is not healthy for either, let alone both, a state party or house chamber to be controlled by one person this long.

He should resign for the good of his party and caucus where the scandals he has been involved with have made him less effective as a leader and as an advocate for a progressive agenda.

Perhaps if Madigan had stepped down sooner this state would not have had to suffer through the Rauner regime that came to power due to widespread loathing of Madigan and Quinn as opposed to any widespread support for Rauner or Republican policies.

If there is no House Dem to act against MJM when there is this much blood in thec water when will they ever act to take control?

Comment by hisgirlfriday Monday, Jul 20, 20 @ 9:41 am
I’m inclined to agree with Renato. Com Ed doing favors in an attempt to curry favor with MJM, is very different then MJM accepting those favors on a quid pro quo basis.

Comment by Centennial Monday, Jul 20, 20 @ 9:42 am
“Basically” and “actually” mean the same thing in this context.

Comment by All this Monday, Jul 20, 20 @ 9:45 am
“They have nothing on Madigan because he did nothing wrong.”

I don’t know if Speaker Madigan did anything provably criminal, but the idea that he’s done nothing wrong is beyond comical.

– MrJM

Comment by @misterjayem Monday, Jul 20, 20 @ 9:47 am
Awfully rich of Carol Ammons to demand “justice” and accountability.

Comment by Dave W Monday, Jul 20, 20 @ 9:47 am
To the legal aspect of things, I am not sure how the feds can bust Madigan here even if someone corroborates the allegations in the ComEd admissions after SCOTUS has basically legalized public corruption with the Skilling and McDonnell rulings.

Comment by hisgirlfriday Monday, Jul 20, 20 @ 9:49 am
Please never quote Mariotti again. He’s a political hack and was a terrible prosecutor. He’s a democrat who found a way to NOT get elected in Chicago. He brings nothing to the table and added nothing to your story.

Comment by Jyo19 Monday, Jul 20, 20 @ 9:53 am
There are other ways to charge besides bribery– RICO for among other ways. Not there yet for sure but relying on the lack of quid pro quo defense won’t work and even worse it sounds like Trump.

Comment by 19th Ward Guy Monday, Jul 20, 20 @ 9:54 am
In a court of law, I just don’t see Madigan getting taken down. The court of public opinion and his members opinion though is a completely different story. No one is buying that he didn’t have anything to do with this. A group of his members and the Governor have got as close to calling for his head as they can. If more and more come out this week, the stove will be getting hot.

Comment by AD Monday, Jul 20, 20 @ 9:54 am
The recordings of McClain saying “our friend” and “your friend,” alone, are enough to implicate Madigan. They have him. They knew exactly what the quids and the quos were with ComEd and other companies. That’s why the supbpeonas for Walgreens and AT&T and others went out the same day as ComEd’s deal. The recordings, alone, are the case.

Comment by Jyo19 Monday, Jul 20, 20 @ 9:56 am
Madigan may have played the system to avoid being charged, but he has defrauded all Illinois residents to benefit his network of family and friends. It should outrage everyone. I’ll believe he’s gone when I see it, but regardless, his legacy will forever be as a machine politician who served himself first.

Comment by SSL Monday, Jul 20, 20 @ 9:56 am
For starters…

=== The recordings of McClain saying “our friend” and “your friend,” alone, are enough to implicate Madigan.===

You can implicate *anyone* but that is the enough to connect *everyone*

Comment by Oswego Willy Monday, Jul 20, 20 @ 9:59 am
=I hate these statements from Dem officials that say “if these allegations are true Madigan should step down”

Of course Madigan is not going to say the allegations against him are true.=

If the allegations are true than Madigan will be indicted. And then by his own standards and rules he’ll have no choice but to step down. In that sense the next steps for Dems are fairly straightforward. The larger problem likely occurs if he’s not indicted but not exonerated which is entirely possible.

Comment by Pundent Monday, Jul 20, 20 @ 10:00 am
If he does, than that is really disappointing. Madigan is a what is wrong with the Democratic party in Illinois.

Comment by Chicagonk Monday, Jul 20, 20 @ 10:03 am
The feds are looking for a needle in the haystack that might not even be there. I can’t believe Madigan would be foolish enough to say he was taking bribes where he could be recorded. I expect the opposite, that he might leave Easter eggs that exonerate him.

If ComEd is stupid enough to hire people to not do anything that’s on them.

Comment by 17% Solution Monday, Jul 20, 20 @ 10:04 am
I thought the increased rates for ComEd were corporate welfare to keep the not profitable nuclear power plants operating. You know green energy and keep people working downstate and all that. Isn’t that why Rauner signed it?

Comment by Fly like an eagle Monday, Jul 20, 20 @ 10:10 am
To the post,

Rich gets to the brass tax of it all, and even as I stated I personally *think* he should resign, ZERO qualifier, and while also believe the *correct* take is also “after indictment”, citing The Arroyo Rule…

… it’s 73% “Godfather II” and Frankie “Five Angels” to get Madigan.. in reality… its far-far more “American Hustle” than “Godfather II”

I’ll explain.

Start here, Irving explaining how, in the end, it failed;

“And how ironic that the most creative minds, the ones who are working hardest to get the economy of New Jersey going, those are the ones that you round up. And why? Because what, they’re the easiest to go after? And what about the real … artists? You didn’t even come close to the big leagues. Those big guys. The money men… I’m sorry to tell you, you got none “of ‘em.”

The reason I know I’m scratching my own head when ComEd pays $200 million, admits guilt, and is cooperating is probably because, like in “American Hustle”… that lil bridge, the most important bridge… to the head(s) orchestrating… they haven’t even sniffed at getting those fish.

There a huge difference between legally being able to govern and morally have the standing to govern.

Huge.

Both are as equally important, but so very different to have the morality to govern, and the legal realities to be able to govern.

Rich’s column?

That’s the miss those blind to the anger they have for Madigan.

The leverage needed to place and implicate and charge.

In reality, if McClain goes all Frankie “Five Angels”, but then twist being McClain, “unbeknownst“ to Madigan, leveraged MJM’s name for all their friends… and there’s no recording, email, not even a post it note where MJM is, in his words, writing, orchestrating…

… it’s like Irving explaining…

“Richard, think about it. You got some big arrests. You got U.S. Congressmen. You look good. You’re gonna be all over the news.”

… but the big fish… never got there

That’s why the Feds are pushing and prodding and “saying, not saying” Madigan… but no indictment?

Asking for information?

Again, I know where i stand, but I’m thinking today I’m watching more “American Hustle” than a warped vision of “Godfather II” and folks rolling.

Comment by Oswego Willy Monday, Jul 20, 20 @ 10:21 am
===RICO===

Really difficult to do in a government case these days.

Comment by Rich Miller Monday, Jul 20, 20 @ 10:24 am
Anyone that has followed Springfield happenings for any length of time understands how to best put your legislative goal/initiative in the best possible light for success. Companies trying to curry favor with the Speaker is as old as time. That is why Mike McClain had that “Magical Lobby List”. There certainly is a ton of smoke, and I think I see a few embers, but, proving the Speaker is criminally involved in an exchange of jobs, bribes, etc. for legislation will be tough to prove. Unless someone flips.

Comment by Nagidam Monday, Jul 20, 20 @ 10:32 am
Their seems to be a name missing in all this , where is little Timmy Mapes ? Could he be behind the scenes feeding the Feds ??

Comment by Nobody Monday, Jul 20, 20 @ 10:34 am
==In reality, if McClain goes all Frankie “Five Angels”, but then twist being McClain, “unbeknownst“ to Madigan, leveraged MJM’s name for all their friends… and there’s no recording, email, not even a post it note where MJM is, in his words, writing, orchestrating. ==
Not necessarily a deal breaker. If they get a McClain, plus maybe a couple others, to flip… many people have gone to prison based upon nothing more than the testimony of cooperating witnesses.

Comment by Graybeard Monday, Jul 20, 20 @ 10:48 am
If he’s on defense, and he is, there’s no more powerful place to “call the plays” than in the chair he sits in. He won’t resign.
No one challenged the wicked witch until they saw her melt with their own eyes. He’s a huge factor…until he isn’t.

Comment by A Guy Monday, Jul 20, 20 @ 10:49 am
=== If they get===

If is doing quite a bit of work there.

Comment by Oswego Willy Monday, Jul 20, 20 @ 10:51 am
In today’s hyper partisan environment it may be easy also for Democrats to dig in and defend a leader accused of wrongdoing, as the national GOP did with Trump. But “justice” for the GOP may come at a later time, for example if the brand is too toxic for many future voters. We don’t know when justice will come, so we should try to act just, even though “the other side” seems to get away with it. Only the gods know, and they can punish when the spirit moves them, for they can do what they please.

Comment by Grandson of Man Monday, Jul 20, 20 @ 10:52 am
=Really difficult to do in a government case these days.=

That’s likely true. But we need to see the “big” picture with all the moving parts.

Remember what the feds have so far. They have McClain sending out emails at all hours to a select group of lobbyists that he coined “the most trusted of the trusted” and alluded in a separate email about compiling a list of lobbyists, ostensibly blessed by “Himself” aka Madigan, who were tapped to raise late money for targeted races. They were further asked by McClain to provide an opportunity to recommend someone from the most trusted of the trusted list in the event a conflict of interest arose.

Many of the lobbyists mentioned were lobbying for some of the companies listed in Friday’s subpoena.

A conspiracy is only as strong as it’s weakest link.

Comment by Colin O'Scopy Monday, Jul 20, 20 @ 11:07 am
As much as people here love The Godfather … Law & Order pilot “Everybody’s Favorite Bagman” (shown as Season 1, Episode 6): “You never know whose pants are going to get dropped in a corruption scandal.”

Comment by Anyone Remember Monday, Jul 20, 20 @ 11:46 am
OW, between all the time you must spend watching crime movies and golfing with Tom Cross I am constantly impressed that you still have time to put out such cogent blogs

Comment by DuPage Saint Monday, Jul 20, 20 @ 11:52 am
= If is doing quite a bit of work there.=
Yes. That said, the prosecution strategy is clear. They need a CW. If they get one or more, Madigan will be inducted and will not survive as Speaker. If they don’t get one, then yes Madigan can survive. Personally, I have a hard time believing that multiple people are gonna go to jail to protect Mike Madigan or anyone else.

Comment by Graybeard Monday, Jul 20, 20 @ 11:56 am
*indicted, not inducted.

Comment by Graybeard Monday, Jul 20, 20 @ 11:57 am
=== Yes. That said===

It’s still a lot of work. What’s interesting about speculative thinking on this is the working knows that the US Attorney “says, but doesn’t say” Madigan, asks for any tips, makes ComEd eat $200 mil to say they’re helping any and every way possible… and MJM still isn’t indicted.

=== Personally, I have a hard time believing that multiple people are gonna go to jail to protect Mike Madigan or anyone else.===

Gotta have a direct link to implicate. That’s the real rub here, and what i think I’m learning from Friday too.

Lot of work “if” is going to be going to get this to any more movement? Look that way.

- DuPage Saint -

I don’t sleep, that’s really not great if I’m at all honest, Tom Cross keeps avoiding me, well before social distancing was fashionable, (you get it) and my golf game is truly suffering, golfing with Tom Cross or not.

I’ll I have are films…

… in my mom’s basement… with hot pockets and slurpies.

Be well, you both.

Comment by Oswego Willy Monday, Jul 20, 20 @ 12:04 pm
The Speaker, who should have retired on top a decade ago, is now an anchor around the neck of Illinois Democrats. He will fight for legal survival with an A-team of attorneys, but in the process this blue state may start turning different colors. “The Chicago way” - that leads to too many at the trough - is in the microscope. John Sullivan was forced out after one email. Democrats are practicing double standards here.

Comment by Downstate Monday, Jul 20, 20 @ 12:09 pm
=In today’s hyper partisan environment it may be easy also for Democrats to dig in and defend a leader accused of wrongdoing, as the national GOP did with Trump.=

The only thing less popular than a Trump rally right now would be a Madigan one.

Comment by Anonymous Monday, Jul 20, 20 @ 12:10 pm
=== are practicing double standards here.===

Only if… Madigan is indicted and not forced to resign,

Sullivan was working for the Governor, as I recall.

Comment by Oswego Willy Monday, Jul 20, 20 @ 12:14 pm
John Kass had an interesting perspective in the Tribune yesterday. There is a lot of anger out there, but it will take more than words to unseat Madigan.

Comment by Top of the State Monday, Jul 20, 20 @ 12:44 pm
== John Kass had an interesting perspective==

That’s a first.

Comment by 17% Solution Monday, Jul 20, 20 @ 1:00 pm
Mike McClain is giving me Robert Sorich vibes right now. They would need somebody else in the inner circle to flip. McClain looks like the kind of guy who will go to prison and then they’ll throw him a party in Madigan’s district once he gets out.

Comment by ZC Monday, Jul 20, 20 @ 1:25 pm
Whether he did anything illegal is in question. Whether he did anything wrong is indisputable except for the hyper-partisan. Her was either complicit in the arrangements or had a habit of picking people to surround him who lacked basic ethics and accountability. Either way, he has demonstrated that he shouldn’t be trusted with the Speaker’s gavel.

Comment by Pelonski Monday, Jul 20, 20 @ 1:27 pm
=In reality, if McClain goes all Frankie “Five Angels”, but then twist being McClain, “unbeknownst“ to Madigan, leveraged MJM’s name for all their friends… and there’s no recording, email, not even a post it note where MJM is, in his words, writing, orchestrating…=

This is not only a plausible scenario, it’s the most likely one, imho

Comment by Joe Bidenopolous Monday, Jul 20, 20 @ 1:41 pm
Since grand juries have an 18 month time clock….and this is a grand jury from January 2019…..don’t they have to deliver an indictment by July 31st? If they don’t, Madigan is off the hook?

Comment by Wondering Monday, Jul 20, 20 @ 1:49 pm
Can we please stop with the Frank Pentangeli references in this case? I get it, really I do, but there were at least two suicides of prominent political operatives related to the prosecution of Rod Blagojevich.

The family may have had a lot of buffers, Senator, but it ended badly for many of them.

Comment by 47th Ward Monday, Jul 20, 20 @ 3:07 pm
Madigan has never been convicted before and he won’t be convicted this time. He is not stupid or careless.

Comment by M Monday, Jul 20, 20 @ 4:24 pm
Longtime Madigan supporter.

But good god: he should have stepped down 72 hours after he trounced Rauner.

All this does is let Rauner gloat. That’s the last thing we need now.

That and sad Rauner in his biker cut and pins, standing all alone at a Trump rally. That was enough.

Comment by Mr. K Monday, Jul 20, 20 @ 4:38 pm
I would bet on his power weakening before he actually gets indicted. I think Madigan is too smart to be outright caught by the Feds or anyone. I can imagine the chaos once he doesn’t have the hold on power he used to though.

Comment by Levois J Monday, Jul 20, 20 @ 4:38 pm
I think the Feds got ComEded.

Comment by Grace’s Mom Monday, Jul 20, 20 @ 6:15 pm