(The Center Square) – Jury deliberations are expected to begin Wednesday after the prosecution’s rebuttal case at the corruption trial of former Illinois House Speaker Michael Madigan and codefendant Michael McClain.
Assistant U.S. Attorney Amar Bhachu is lined up to deliver the rebuttal after McClain’s team finished closing arguments Tuesday at the Everett McKinley Dirksen U.S. Courthouse in Chicago.
McClain attorney Patrick Cotter said that lobbyists are educators and advocates who build relationships based on hope an elected official might act. In contrast, Cotter said, bribery involves an exchange of this for that.
McClain, D-Quincy, worked as a lobbyist for years after serving in the Illinois House from 1973 to 1982.
Cotter said lobbying involves favors. He displayed a slide which read, “A favor is not a bribe.”
“There is no evidence of corrupt intent to exchange jobs for official acts,” Cotter said of the charges against McClain related to ComEd.
Cotter quoted testimony from former ComEd executive Fidel Marquez, who cooperated with the government, about trying to keep Madigan “in positive disposition” toward ComEd’s legislative agenda.
“Vague expectations are not enough,” Cotter said.
Cotter discussed occasions when ComEd rejected McClain’s job recommendations, which he said were made on behalf of Madigan.
On slides displaying 33 of McClain’s recommendations to ComEd, Cotter said 21 resulted in hires and 12 did not lead to employment.
Cotter reminded the jury that Marquez testified that, even though there was pressure to hire summer interns, it wasn’t a guarantee.
“This is not Madigan asking and ComEd does,” Cotter said.
Cotter argued that Marquez’ refusal to admit that he was part of a conspiracy revealed that Marquez was “only about helping Marquez.”
“Mr. Marquez sold himself and he sold Mike McClain to save Fidel Marquez,” Cotter said.
Cotter displayed a list of Marquez’ lies and said he lied in his divorce court filings, on a federal firearm purchase form and about being in a conspiracy to bribe Madigan.
“He sat here and lied to you,” Cotter told jurors.
“Is that the kind of evidence you can rely on to find Mike McClain guilty beyond a reasonable doubt?” Cotter asked.
Cotter cited testimony from former ComEd executive Tom O’Neill and said O’Neill saw no evidence that McClain was involved in a conspiracy.
“He was an eyewitness,” Cotter said.
Citing testimony from former AT&T executive and Madigan defense witness Steve Selcke, Cotter said there was no evidence that AT&T officials intended to trade a $2500-a-month offer to former state Rep. Eddie Acevedo, D-Chicago, in exchange for carrier-of-last-resort (COLR) legislation to benefit the company.
“Eddie Acevedo had nothing to with passing COLR,” Cotter argued.
Selcke testified last month that AT&T officials did not want to “rock the boat” in its relationship with Madigan.
Judge John Robert Blakey called for an afternoon break when, for the second time during the trial, a fire alarm went off in a different part of the courthouse.
“We’re in the safe area of a burning building,” Blakey joked.
U.S. marshals advised that they were checking the facility’s alarm system, and an all-clear announcement came a few minutes later.
Cotter said McClain was not asked to do anything improper or unusual in connection with land transfer legislation for a parking lot in Chicago’s Chinatown neighborhood.
Cotter said McClain agreed to help push the measure months before former Chicago Alderman and cooperating witness Daniel Solis discussed his efforts to bring business to Madigan’s private law firm, Madigan & Getzendanner.
“Mike didn’t have any interest in the firm, he never got any money from the firm,” Cotter said.
Madigan attorney Dan Collins blasted Solis on Monday, and Cotter followed suit Tuesday afternoon.
“Instead of federal prison, Danny Solis got a free pass,” Cotter said, adding that Solis’ deal with the government allowed him to keep his $100,000 pension.
“Danny Solis shouldn’t be trusted for anything,” he added.
Cotter discussed McClain’s relationship with Madigan and listed the words, “lobbyist, advisor, good friend, admirer.”
Cotter told jurors that lobbying and politics might be distasteful to them, “but it’s not illegal.”
“The question about this case is about Mike McClain the individual, the person you got to know…this real human being,” Cotter continued.
Blakey interrupted Cotter three times Tuesday morning and told the jury that what lawyers say is not evidence. The judge said his instructions superseded anything lawyers say which might be inconsistent with his instructions.
“The government need not prove that a bribe was the cause that an unlawful act took place,” Blakey said.
Later, the judge sustained two objections by prosecutors and ordered Cotter to follow his instructions on the law.
McClain is named in 6 of the 23 corruption-related counts against Madigan and has pleaded not guilty.
Prosecutors allege that ComEd and AT&T Illinois gave out no-work or little-work jobs and contract work to Madigan allies to get legislation passed that would benefit them in Springfield.
Earlier this month, prosecutors added a new piece of evidence: a wiretapped conversation from August 4, 2018 between Madigan and McClain in August of 2018.
“Some of these guys have made out like bandits, Mike,” Madigan said.
“Oh my God, for very little work, too,” McClain replied.
The conversation included Madigan and McClain discussing ComEd’s hiring of former union official Dennis Gannon. Madigan testified that he was referring to lobbyists in Springfield and not his allies who were getting paid by ComEd.
Former prosecutor Patrick Collins, who is not involved in the case, said the recording was only admitted after Madigan testified in his own defense.
“In some respects, that was the most damning tape,” Collins told The Center Square.
“Because Mr. Madigan presented on direct examination that, look, people asked for a lot of stuff. Sometimes he would go to Mr. McClain and say, ‘See if you can help this guy,’ but there was never a suggestion that these guys weren’t performing work or that there was any quid pro quo,” Collins continued.
In 2023, McClain and three others were convicted in the related ComEd Four trial, and ComEd agreed to pay $200 million in fines as part of a deferred prosecution agreement with prosecutors.
AT&T Illinois agreed to pay $23 million as part of a deferred prosecution agreement in 2022.
Madigan and McClain are also accused of using Madigan’s public office to illegally steer business to his private law firm.
Madigan, D-Chicago, served in the Illinois House from 1971 to 2021 and was speaker for all but two years between 1983 and 2021. He chaired the Democratic Party of Illinois for 23 years.