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Federal judge puts off motion deadline in Madigan case until next February

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Illinois

The racketeering case against former Illinois House Speaker Michael Madigan and his longtime confidant will likely not see any significant court action until next year after a judge Tuesday granted the defense a lengthy extension to review the massive pile of evidence turned over by prosecutors.

In the first status hearing in the bombshell case in four months, U.S. District Judge Robert Blakey set a Feb. 1 deadline for the filing of pretrial motions, saying he was granting the delay “up front” so defense attorneys wouldn’t have to come back and ask for more time.

Assistant U.S. Attorney Amarjeet Bhachu had asked for pretrial motions to be due sometime this year. The prosecutor said discovery was “substantially complete” in the case, and noted that Madigan “is being represented by a large and prestigious law firm” and has six criminal defense attorneys that have entered appearances for him.

But Patrick Cotter, who represents Madigan’s co-defendant, Michael McClain, said he and his team are busy preparing for McClain’s upcoming trial in March on separate charges involving an alleged scheme by Commonwealth Edison to bribe Madigan.

The judge set a status hearing for January 9th and a February 1 deadline for pretrial motions.

* Also from the Tribune…

As a federal judge Tuesday granted a lengthy extension for Michael Madigan’s racketeering case, the former Illinois House speaker’s state pension has risen to nearly $149,000 a year, a more than $63,000 increase since he retired last year, records show.

The windfall is the result of both Madigan’s 50-plus years in the House and an often-beneficial state pension formula for lawmakers that Madigan himself helped push through. It also comes as the former Southwest Side lawmaker continues to battle a federal bribery-related case that will likely not see any significant court action until next year.

But while the case works its way through court, Madigan will continue to collect more than $12,400 per month from his state pension, a development one good government advocate said represented an “example of how out-of-whack the pension system is in Illinois.” […]

Kent Redfield, a longtime political analyst, acknowledged lawmakers often work hard and House legislators must run every two years to keep their jobs, but he considered the Madigan pension “overly generous,” particularly since it is almost $50,000 more than his final salary as speaker.

As of November of last year, the General Assembly Retirement System’s unfunded liability was above 80 percent.

posted by Rich Miller
Wednesday, Aug 3, 22 @ 10:40 am

Comments

Fondly remember Lucky Pierre telling us that the Madigan trial dominating the news in October would seal the deal for Republicans.

But this was utterly predictable. The feds simply do not move so fast in these cases. Householder, Burke, McClain, they’re all basically on this timetable.

Comment by Arsenal Wednesday, Aug 3, 22 @ 10:49 am
Glad you think holding corrupt government officials accountable is all a joke Arsenal.

The sixth amendment right to a speedy trial is being ignored.

It takes 5 years for the Ed Burke trial to commence and of course the the Madigan/ Com Ed trial is pushed until past the election.

Comment by Lucky Pierre Wednesday, Aug 3, 22 @ 11:13 am
===The sixth amendment right to a speedy trial is being ignored. ===

Um, the defendants requested the delay, not the prosecutors.

Comment by Rich Miller Wednesday, Aug 3, 22 @ 11:15 am
=== ===The sixth amendment right to a speedy trial is being ignored. ===

Um, the defendants requested the delay, not the prosecutors.===

And *that*… is the - Lucky Pierre - performance art; ignoring the facts given, to try to grasp a fallacy.

To the post,

It makes sense to the delay only to see all this evidence and maybe get a feel of what the other trial with the ComEd folks might look like in their process too.

Then there’s a perjury trial going too, no?

The only hurry is the hurry for a political want, not a concern for any due process for a trial

Comment by Oswego Willy Wednesday, Aug 3, 22 @ 11:19 am
I don’t think Madigan ever expected to draw a pension. I think he thought they would carry him out. And out of curiosity does a spouse get pension or part of a pensioner dies?

Comment by DuPage Saint Wednesday, Aug 3, 22 @ 11:20 am
-The sixth amendment right to a speedy trial is being ignored.-

Not if they don’t ask for one.

Comment by Ron Burgundy Wednesday, Aug 3, 22 @ 11:23 am
Discovery is a two-part mess: First, getting what your side wants and sorting it. Then getting what the other side has and sorting it. And if there’s two cases somewhat related, it takes even longer to do both steps, let alone fight over what is discoverable and what isn’t.

Comment by thisjustinagain Wednesday, Aug 3, 22 @ 11:25 am
==Glad you think holding corrupt government officials accountable is all a joke Arsenal.==

Oh, look, you’re lying again. Do what you gotta do, man, but you thought the trial would be in the fall, people told you it wouldn’t, and here we are. We can add it to the list of:

-crowing about Rick Caruso’s lead before all the votes were counted
-Getting 0 and 5 confused
-Thinking Sullivan hiring a Youngkin staffer was meaningful

And now:

==The sixth amendment right to a speedy trial is being ignored. ==

The right to a speedy trial is held by the defendant. When they waive it, the right isn’t ignored, it’s waived.

Comment by Arsenal Wednesday, Aug 3, 22 @ 11:28 am
=== And out of curiosity does a spouse get pension or part of a pensioner dies? ===

Yes. I believe the spouse would receive 50% of the pension that the deceased person received when they were alive.

Comment by Hannibal Lecter Wednesday, Aug 3, 22 @ 11:42 am
== is all a joke ==

Can you read or are you just once again lying to be lying. All he said was that this was predictable. Period. We’re all sorry that this doesn’t fit into your plans for the election.

You just don’t even try anymore.

Comment by Demoralized Wednesday, Aug 3, 22 @ 11:44 am
Also LP if you are so concerned with the Constitution he is presumed innocent so your assumption of corruption is un-American.

Comment by Big Dipper Wednesday, Aug 3, 22 @ 11:48 am
==We’re all sorry that this doesn’t fit into your plans for the election.==

I’m not sorry.

Comment by Arsenal Wednesday, Aug 3, 22 @ 11:52 am
Did you miss the part about Com Ed admitting guilt and paying a 200 million dollar fine?

Why on earth would they do that if there was no substance to the charges?

A first year law student could get a conviction in this case.

Comment by Lucky Pierre Wednesday, Aug 3, 22 @ 11:55 am
===Did you miss the part about Com Ed admitting guilt===

I believe they formally entered a not guilty plea, LP.

Comment by Rich Miller Wednesday, Aug 3, 22 @ 11:59 am
==== but he considered the Madigan pension “overly generous,”====
Considering he waited to retire until he was around 79 and the life expectancy for an 80 year old white male is 7 years I don’t necessarily think it’s overly generous. And almost half of what goes into the fund was deducted from his paycheck.

Comment by Been There Wednesday, Aug 3, 22 @ 12:04 pm
- Rich Miller - Wednesday, Aug 3, 22 @ 11:59 am:

ComEd did enter a not guilty plea, after prosecutors tried to do an end run around the law, but got shot down by a judge.

https://www.wsiltv.com/news/crime/comed-pleads-not-guilty-in-alleged-influence-peddling-scheme/article_5b70167c-018d-56f2-9e79-3049703c00e1.html

Comment by Google Is Your Friend Wednesday, Aug 3, 22 @ 12:06 pm
It was a deferred prosecution agreement, but facts don’t matter to LP.

Comment by Big Dipper Wednesday, Aug 3, 22 @ 12:11 pm
==I believe they formally entered a not guilty plea, LP. ==

Yes, but they did admit to the bribery scheme, the plea was more of a formality.

That being said- ComEd’s admissions aren’t binding on anyone else, so yes, if you’re really concerned with criminal procedure, labeling Madigan as “corrupt” before the prosecution even proves its case is…about as silly as whining that the right to a speedy trial is being trampled when the defendant waives it.

But let’s be clear, Lucky Pierre isn’t really concerned about criminal procedure, he’s only concerned about whining and lying any time anyone tells him that maybe Democrats aren’t going to lose an election.

Comment by Arsenal Wednesday, Aug 3, 22 @ 12:20 pm
==A first year law student could get a conviction in this case. ==

Well, a first year law student is barred from even taking the case. But I’m not surprised you didn’t know that, since you thought the state had the right to a speedy trial.

But your bigger miss here (and you’re missing so much that we can rank your misses) is that the ComEd case is a different case than the Madigan case. Yes, the facts obviously overlap, but the cases and trials are and will continue to be completely separate, and the result in one won’t necessarily guarantee any particular result in the other. There are some res judicata implications (if the prosecution successfully proves a particular fact in one case, they may not have to do it again in another), but from an “innocent until proven guilty” standpoint, MJM will remain “innocent” until his jury reaches a guilty verdict, regardless of what happens in the ComEd trial.

Comment by Arsenal Wednesday, Aug 3, 22 @ 12:25 pm
==Considering he waited to retire until he was around 79 and the life expectancy for an 80 year old white male is 7 years I don’t necessarily think it’s overly generous.==

What about if having apples for lunch every day makes MJM live at least over 100?

Comment by Just Sayin Wednesday, Aug 3, 22 @ 12:29 pm
=== And out of curiosity does a spouse get pension or part of a pensioner dies? ===

Yes. I believe the spouse would receive 50% of the pension that the deceased person received when they were alive.

Yes, a qualifying spouse entitled to survivor benefits which is 50%…but wait there’s more. If a pensioner elects to buy annuities to his or her pension, they can take a slightly lesser pay out and buy a% of pensipn as an annuity for a spouse, up to 100% of his or her current pension, so in theory one could receive 150% of a persons pension if they elect to…100% annuity and 50 % survivor benefits…only in illinois.

Comment by Must win Wednesday, Aug 3, 22 @ 12:32 pm
LP, I try to be on your side when I can but you do make it hard. Ok, I think any reasonable person knows and understands Madigan should be in jail but are you hoping/suggesting that you want Bailey as our next gov?

Comment by Lurker Wednesday, Aug 3, 22 @ 1:10 pm
Lurker I have said numerous times Bailey can’t win which is why JB spent $24 million propping him up

I would have preferred a race between a moderate and a progressive for Illinois Governor but once again obscene amounts of money made sure that didn’t happen

Comment by Lucky Pierre Wednesday, Aug 3, 22 @ 1:26 pm
===obscene amounts of money made sure that didn’t happen ===

Griffin gave $50 million for the Irvin effort.

Comment by Rich Miller Wednesday, Aug 3, 22 @ 1:27 pm
- Lucky Pierre -

So you will or won’t be voting for Bailey?

You say… *you* say… ===Bailey can’t win===, so who exactly are you supporting?

The thing… and let’s bring this back to the post… is that - LP - you felt that this case, no matter the legal aspects of trial, needed to go on during the campaign season… how is justice served if your seemingly only want is a political framing?

Comment by Oswego Willy Wednesday, Aug 3, 22 @ 1:34 pm
=obscene amounts of money made sure that didn’t happen=

No, the Republican primary voters made sure that didn’t happen. If anything Pritzker and Griffin’s money were used to tell the voters who Darren Bailey actually was and they (56% of them) really liked what they heard. Nobody was “tricked” into voting for Darren Bailey.

Comment by Pundent Wednesday, Aug 3, 22 @ 2:06 pm
I really don’t think the pension angle compares to using a public utility as a vehicle to enrich your friends, but that’s just me.

Comment by Three Dimensional Checkers Wednesday, Aug 3, 22 @ 2:10 pm
LP, I enjoy all the back and forth this blog offers. However your continued denial of the facts on the ground and willful ignorance of said facts is really amazing.

Comment by don the legend Wednesday, Aug 3, 22 @ 2:14 pm
Ok, thank you LP. And I agree that JB was smart to prop up Bailey which lead to the Trump endorsement and an easy victory, but I do think it is undemocratic and beyond my ethics, but not beyond a politicians. I just dislike Trump so much that I hate that he thinks he is victorious for all of these Dem paid victories around the nation. We know Bailey can’t win but I hope no other extremists win, like in Michigan.

Lastly, wanting Madigan decision to be quick and painful, but I’m not too hopeful for either.

Comment by Lurker Wednesday, Aug 3, 22 @ 2:30 pm
The State Pension means absolutely to Madigan. He sits on millions in campaign funds and a far greater personal fortune. The pension is probably for Gratuity and tips. Well, on the other hand he doesn’t strike me as a generous guy so maybe it does mean a lot to him. Anyway, he still has his tax law firm bring in the bucks.

Comment by Frumpy White Guy Wednesday, Aug 3, 22 @ 2:59 pm
May I respectfully remind that this blog is not about LP.

I will be intrigued to see how the feds try to make their case, including clearly defining and demonstrating the “quid” the “pro” and the “quo”.

Comment by walker Wednesday, Aug 3, 22 @ 5:07 pm
@Been There is right about the pension. I’m no actuary, but if every state employee paid into their pension for 50 years and retired at 78 years old, I’m guessing the pension systems would all be at like 150 percent funded.

Comment by Telly Wednesday, Aug 3, 22 @ 8:31 pm
Under the Pension Code a surviving spouse receives 66 2/3d’s of the pension for life with a compounded annual increase of 3%.

Comment by West Side the Best Side Wednesday, Aug 3, 22 @ 10:33 pm