(The Center Square) – Former Illinois House Speaker Michael Madigan and U.S. government attorneys are expected to face off Monday morning at the Everett McKinley Dirksen U.S. Courthouse in downtown Chicago.
Madigan surprised many observers when he reported to the witness stand last Tuesday in his own defense. The former speaker and his longtime associate, codefendant Michael McClain, are charged with 23 counts of bribery, racketeering and official misconduct in connection with a scheme government attorneys called “The Madigan Enterprise.”
Prosecutors allege that ComEd and AT&T Illinois gave out no-work or little-work jobs and contract work to those loyal to Madigan to get legislation passed that would benefit them in Springfield. Four ComEd executives and lobbyists were convicted last year in a related trial, and ComEd itself agreed to pay $200 million in fines as part of a deferred prosecution agreement with prosecutors.
Former Assistant U.S. Attorney Patrick Collins said jurors may shift their focus from prosecutors proving their case to Madigan’s credibility on the stand.
“When a defendant takes the stand, whether in this case or in another case, as a practical matter, I think the jurors now get focused on, ‘Is this defendant credible? Is his story and his narrative holding up?’ Rather than did the government prove its case, it becomes a referendum on whether the defendant is credible,” Collins said.
Madigan took questions from defense attorney Dan Collins and from McClain attorney Patrick Cotter last week. Madigan answered, “I do not recall” on several occasions and said at least once, “I have no direct knowledge.”
“The general denials that started and ended Mr. Madigan’s testimony, now you’re going to see sort of the devil in the details, and I do think the prosecutor is going to poke and prod and use these tapes,” Collins said.
Prosecutors introduced an estimated 200 recordings while presenting their case over the last three months. The trial began Oct. 8, 2024 with jury questioning.
Collins said the government has a seasoned group of attorneys, with Assistant U.S. Attorney Amar Bhachu expected to cross-examine the former speaker.
“That dynamic between Mr. Bhachu and Mr. Madigan will be significant. You know jurors, people forget these are not robots doing this. These are human beings. Does Mr. Bhachu get under Mr. Madigan’s skin, and what’s the back and forth with them?” Collins said.
After jurors left the courtroom last Wednesday, Bhachu went through a list of seven requests for Judge John Robert Blakey in the wake of Madigan’s testimony. Bhachu asked for Blakey’s permission to play a recording from 2018 in which Madigan and McClain were laughing and talking about people “making out like bandits” and not doing any work, in contradiction with Madigan’s testimony.
Blakey said he would allow the recording to be played but said it might not be admitted until the government’s rebuttal after the defense case is finished.
The judge has not yet ruled on a 2009 interview in which Madigan discussed his use of the patronage system. Bhachu sought to introduce the conversation to demonstrate that Madigan did not simply distribute jobs to people who wanted work but also sought to add to his political workforce.
Madigan 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 and also led Chicago’s 13th Ward Democratic Organization.
McClain was a longtime lobbyist who previously served as a state representative in Illinois’ 48th district from 1973 to 1982.
