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ComEd Four defendants claim prosecution was built on a ‘rotten foundation’

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Illinois

* Jason Meisner…

Lawyers for four ex-ComEd executives and lobbyists convicted in a scheme to bribe then-House Speaker Michael Madigan argue in a new court filing that the entire prosecution was built on a “rotten foundation” and the charges should be dismissed in light of a key Supreme Court ruling in June.

The motion filed late Tuesday lays out in the starkest detail yet how defense attorneys for the so-called “ComEd Four” view the impact of the high court’s ruling in the bribery case of a former Indiana Mayor James Snyder, which said the federal bribery statute known as “666” does not criminalize “gratuities,” which are favors or gifts given to a public official without any agreement ahead of time to take some kind of official action. […]

The motion does, however, offer a preview of what likely will be a key portion of Madigan’s defense: that there was never any agreed upon quid pro quo to help ComEd with its legislative goals.

The motion argued that even after years of investigation, hundreds of hours of wiretapped calls and the assistance of a key insider, then-ComEd Vice President Fidel Marquez, who secretly recorded his own colleagues talking about the plan, the evidence amounted to nothing more than a business seeking to “curry favor” with a powerful politician in the hopes it would help their bottom line — an everyday occurrence in politics that the Supreme Court has said is not illegal.

“The government could not come up with anything more than that Speaker Madigan had power, everyone knew it, and regulated entities like ComEd responded to that power,” the motion stated.

Even prosecutors’ own cooperator, Marquez, testified at trial he did not believe ComEd was doing favors for Madigan “in exchange for any official acts by him,” the motion said.

The full motion is here.

posted by Rich Miller
Wednesday, Aug 28, 24 @ 12:55 pm

Comments

Wow this isn’t the America of my grandparents era

Crime and grift pays

Comment by halving_fun Wednesday, Aug 28, 24 @ 1:06 pm
“rotten foundation”

Another fitting moniker to add to MJM the former “velvet hammer”

Comment by Donnie Elgin Wednesday, Aug 28, 24 @ 1:09 pm
The only rotten thing here is the Snyder opinion.

Comment by DS Wednesday, Aug 28, 24 @ 1:24 pm
Agree with DS.

Comment by Back to the Future Wednesday, Aug 28, 24 @ 1:32 pm
The Snyder opinion will turn government into a pay-to-play nightmare for taxpayers. It’s unbelievable that the court ruled as it did. Sad… sad… sad.

Comment by Lincoln Lad Wednesday, Aug 28, 24 @ 1:46 pm
==Wow this isn’t the America of my grandparents era==

Back then, people used to give cash to politicians running for office and it was a common practice to clip a $5 or $10 bill to your drivers license in case you got pulled over. You would like to return to that?

Comment by low level Wednesday, Aug 28, 24 @ 1:48 pm
Snyder was preordained by McDonnell vs. United States, June 2016. Sadly, SCOTUS was 9-0. News reports during Snyder case said McDonnell got $170 K, more than 10 times Snyder.

Comment by Anyone Remember Wednesday, Aug 28, 24 @ 1:52 pm
=Back then, people used to give cash to politicians running for office and it was a common practice to clip a $5 or $10 bill to your drivers license in case you got pulled over. You would like to return to that=

What you describe would be considered a bribe and it would still be illegal under Snyder

“The Court held that the statute does not apply to “gratuities” or gifts – such as gift cards or lunches – given for past acts, absent a quid pro quo agreement between the payor and the official.”

Comment by Donnie Egin Wednesday, Aug 28, 24 @ 1:54 pm
Read the whole brief.
Slow day at work.
Nothing new here.
Time to rule. ComEd4 and the Citizens of Illinois need this wrapped.

Comment by Back to the Future Wednesday, Aug 28, 24 @ 2:00 pm
==News reports during Snyder case said McDonnell got $170 K, more than 10 times Snyder.==

Comment by chuddery Wednesday, Aug 28, 24 @ 2:15 pm
==What you describe would be considered a bribe and it would still be illegal under Snyder==

No kidding. You missed the point, Donnie. I was responding to the idea that things were somehow better in the old days w our grandparents as was suggested or that things were somehow more ethical then.

Comment by low level Wednesday, Aug 28, 24 @ 2:15 pm
Both mail fraud and honest services are routinely abused by the Feds- Snyder likely won’t free the Com Ed 4 but Honest Services Mail Fraud certainly needs better definition - It is most unfortunate that cases take so long in the federal system- Madigan’s trial delay has been inexcusable

Comment by Sue Wednesday, Aug 28, 24 @ 7:17 pm