(The Center Square) – Assistant U.S. Attorney Amar Bhachu has completed the government’s cross-examination of Michael Madigan at the former Illinois House speaker’s bribery and racketeering trial in Chicago.
Madigan testified that he helped draft the Illinois Constitution and voted in favor of bribery, misconduct and legislative misconduct statutes, in addition to amendments to those statutes.
The former speaker said he understood it was unlawful for a public official to accept a personal benefit while understanding that the person giving the benefit is trying to influence the public official’s official action.
Bhachu introduced a document with a list of names written by codefendant Michael McClain that also included Madigan’s handwriting. The document contained the names of Madigan allies and 13th Ward precinct captains and how much money they were receiving from ComEd contractors Jay Doherty and Shaw Decremer.
McClain, Doherty, former ComEd CEO Anne Pramaggiore and former ComEd lobbyist John Hooker were convicted of conspiracy, bribery and falsifying records at the ComEd Four trial in 2023. The four were accused of participating in a multi-year scheme to benefit themselves and their associates by using Madigan’s office to help ComEd with favorable legislation.
In 2020, ComEd agreed to pay a $200 million fine in a deferred prosecution agreement with federal prosecutors. The utility admitted it paid $1.3 million over nine years to Madigan associates for do-nothing or do-little jobs and contracts.
Madigan confirmed Tuesday that Hooker was his ally as a plaintiff in redistricting legislation.
“I don’t recall any conversations with Hooker,” Madigan said.
Bhachu introduced a transcript of a conversation between Madigan and McClain in February of 2019.
“I’ll let it go if he hires another guy at CHA,” Madigan told McClain, referring to Hooker having a good relationship with John Cullerton, D-Chicago, who was president of the Illinois Senate at the time.
Bhachu asked Madigan what he said about Cullerton at a meeting with then-Governor-elect J.B. Pritzker in December of 2018.
“I don’t have any memory of the meeting, but I had meetings with Mr. Pritzker,” Madigan said.
The speaker had told McClain in a wiretapped conversation that he “put the knife into Cullerton, which he deserved.”
“John Cullerton is the godfather for my son,” Madigan testified Tuesday.
“And you’re talking about putting a knife into Cullerton,” Bhachu asked.
“Yes,” Madigan said.
When asked by Bhachu, Madigan confirmed that he was talking about figuratively putting a knife into Cullerton.
Bhachu asked what Madigan told Pritzker about Cullerton, a fellow Democrat, in a subsequent meeting.
“I may have talked in terms of the negative advertising he had done,” Madigan said. The former speaker said that he had been engaged in a political battle with then-Gov. Bruce Rauner, a Republican, and implied that he was not happy with Cullerton’s lack of support.
Madigan confirmed that he ran a bill to wipe out the composition of the Illinois State Toll Highway Authority board, even though Cullerton had expressed support for the agency’s chair, Bob Schillerstrom.
Madigan confirmed that his private law firm, Madigan & Getzendanner, had been financially successful.
Bhachu introduced a retainer agreement the firm had with a building at 101 N. Wacker in Chicago from 2015 to 2017. The deal called for attorney compensation of $12,500 per year, plus an option for a contingent fee of 25% of the total refund obtained from a tax appeal in Cook County.
A retainer agreement for 77 W. Huron was for $10,000 per year. Madigan & Getzendanner’s June, 2019 invoice for 77 W. Huron totaled $33,922.06
The retainer for Chicago’s Old Post Office called for attorney fees of $10,000 per year from 2013-2015.
Bhachu introduced documents related to the Jaslin Hotel in Chicago’s Chinatown neighborhood. Madigan & Getzendanner’s total fee for Jaslin’s tax work from 2018-2020 was $96,751.
The firm represented many other properties in Chicago as well.
In redirect testimony, Madigan attorney Dan Collins asked the former speaker about a conversation with McClain on Aug. 4, 2018, when Madigan said, “Some of these guys have made out like bandits, Mike.”
“Oh my God, for very little work, too,” McClain replied.
“Yeah,” Madigan affirmed.
In that conversation, McClain reminded Madigan how they had obtained a contract for former union executive Dennis Gannon.
“Mike, he’s involved with ComEd?” Madigan asked during the call.
“Yeah. Remember, we got him that contract, maybe five years ago, whenever it was, for a buck-fifty a year,” McClain said.
“I did not know that Dennis Gannon had a relationship with ComEd,” Madigan testified Tuesday.
Madigan said that when he said, “bandits,” he was referring to lobbyists around the state Capitol but not to four of his allies who allegedly received payments for jobs which required little or no work.
Collins asked Madigan about an interview he had done in 2009 about former Chicago Mayor Richard J. Daley.
Madigan said the rules regarding political patronage have changed and that he tried to follow the rules.
Madigan said he did not connect former Chicago Alderman Daniel Solis’ request for a state board seat with introductions to real-estate developers.
Collins asked Madigan if he ever thought he was violating the law when he discussed the Chinatown land parcel or recommended Solis for a board seat.
“No,” Madigan answered.
“Did you implicitly or explicitly agree to trade official action for private gain?” Collins asked.
“No,” Madigan said.
Madigan told McClain attorney Patrick Cotter that he never told McClain that Solis had used the words “quid pro quo” in a call with Madigan. Madigan also said he never talked with McClain about a potential state board appointment with Solis.
In redirect cross-examination, Bhachu asked Madigan how he knew that precinct captain Ray Nice had done honest work after Madigan recommended him for a state board. Madigan said he would meet with Nice at his ward office.
“How often did Nice come to your office?” Bhachu asked.
“From time to time,” Madigan said.
“You also testified that you had no idea he was doing no work for ComEd. Is that right?” Bhachu asked.
“That’s correct,” Madigan said.
Former Assistant U.S. Attorney Patrick Collins said it was a risky proposition for Madigan to testify.
“It may well be the judgment of Mr. Madigan and his lawyers that this is the only path to an acquittal or a hung jury, to present a portrait that is very different than the caricature that was presented in the government’s case,” Collins told The Center Square.
ComEd Manager for Emergency Preparedness Eric Duray followed the former speaker to the witness stand. Duray previously served as a manager for government affairs at ComEd.
Duray discussed the utility’s contracts with contractors, including Jay Doherty & Associates and former state Rep. Eddie Acevedo’s firm, Apex Strategy, LLC.
Duray said the contracts sometimes provided for the contractor to hire subcontractors without disclosing that information to ComEd.
In cross-examination with government attorney Julia Schwartz, Duray testified that it was important for the scope of services to be accurate in political consultant contracts.
“If subcontractors were getting paid for no work, that would make the scope of services inaccurate, correct?” Schwartz asked.
“That’s correct,” Duray said.
Duray said that any time additional work was added to a contract, the scope of services would need to be revised as well. He added that it was important to make sure that ComEd’s investors were getting what they were paying for.
Duray said there was no mention of subcontractors getting paid in any of the contracts with Jay Doherty’s company.
Madigan’s former law partner, Vincent “Bud” Getzendanner, reported to the witness stand after Duray.
“Mike was probably the big driver” of getting work for the law firm, Getzendanner said, adding that other associates would also bring in business.
Getzendanner explained how the firm would decline contracts with potential clients if there might be a conflict of interest.
When asked by government attorney Sarah Streicker, Getzendanner said he and Madigan split the firm’s profits, “50-50.”
Getzendanner agreed with Streicker than Madigan was the “rainmaker” for the firm and brought in more business than any other attorney there.
“Do you recall being interviewed by the FBI in Feb. 26, 2021?” Streicker asked.
“I certainly do,” Getzendanner replied.
Getzendanner said he was aware that the government’s investigation involved Madigan’s efforts to gain clients for Madigan & Getzendanner.
Madigan’s attorneys said they expect to call one more witness, former Madigan chief counsel Heather Wier Vaught.
When the defense rests, prosecutors would follow with their rebuttal case. Judge John Robert “Jack” Blakey estimated that closing arguments would begin next Wednesday, Jan. 22.
The judge asked Bhachu if he recalled his office having a forfeiture case go to a bench trial. Blakey said that if the trial ends with a conviction, the bench trial would follow as soon as the next day.
Madigan and McClain have pleaded not guilty to 23 counts of bribery, racketeering and official misconduct.
The trial is scheduled to resume Wednesday morning at the Everett McKinley Dirksen U.S. Courthouse in Chicago.