CHICAGO — A little over a year ago, Michael Madigan was still clinging to his spot at the apex of the Illinois political power structure, the longest-serving House leader in the nation’s history, head of the Illinois Democratic Party, and controller of all the spoils that went with it.
On Wednesday, Madigan will be in a decidedly different position: Criminal defendant.
A week after he was charged in a bombshell racketeering indictment, Madigan, 79, of Chicago’s Southwest Side, is scheduled to be arraigned in a telephone hearing in U.S. District Court on allegations he ran his elected office and political operation as a criminal enterprise that provided personal financial rewards for him and his associates.
Also expected to appear for the 1:30 p.m. arraignment was Madigan’s longtime confidant, Michael McClain, 74, of downstate Quincy, who was charged with four counts in the 22-count indictment.
Though most arraignments and other routine hearings have been held remotely during the pandemic, prosecutors had asked that Madigan and McClain be required to appear in person — a request that U.S. Magistrate Judge Jeffrey Cole denied.
The hearing is expected to be perfunctory, with both Madigan and McClain pleading not guilty before being released on previously arranged bond conditions.
But the entering of a formal plea starts starts the legal clock ticking toward a potential trial. It could also mark the only time in the foreseeable future when Madigan will be required to participate in a hearing in the case at all, since most judges have waived defendants’ appearances in non-violent criminal cases, particularly during the pandemic.
The 22-count indictment returned by a federal grand jury last week comes after a yearslong federal investigation and alleges Madigan participated in an array of bribery and extortion schemes from 2011 to 2019 aimed at using the power of his office for personal gain.
The long-awaited charges punctuated a stunning downfall for Madigan, the longest serving leader of any legislative chamber in the nation who held an ironclad grip on the state legislature as well as the Democratic party and its political spoils. He was dethroned as speaker in early 2021 as the investigation swirled around him, and soon after resigned the House seat he’d held since 1971.
Both Madigan and his attorneys denied the allegations in written statements after the charges were filed, and said they intended to fight them in court.
McClain, a former state legislator and lobbyist, is also facing separate charges alleging he orchestrated an alleged bribery scheme by Commonwealth Edison.
That same alleged scheme forms the backbone of the indictment against Madigan, outlining a plan by the utility giant to pay thousands of dollars to lobbyists favored by Madigan in order to win his influence over legislation the company wanted passed in Springfield.
The indictment also accused Madigan of illegally soliciting business for his private property tax law firm during discussions to turn a state-owned parcel of land in Chinatown into a commercial development.
Though the land deal never was consummated, it’s been a source of continued interest for federal investigators, who in 2020 subpoenaed Madigan’s office for records and communications he’d had with key players.
Then-Ald. Daniel Solis, who was secretly cooperating with the investigation, recorded numerous conversations with Madigan as part of the Chinatown land probe, including one where the speaker told Solis he was looking for a colleague to sponsor a House bill approving the land sale.
“I have to find out about who would be the proponent in the House,” Madigan allegedly told Solis in the March 2018 conversation. “We gotta find the appropriate person for that. I have to think it through.”
The indictment also alleged that Madigan met with then Gov-elect J.B. Pritzker in December 2018 in part to discuss a lucrative state board position for Solis, ostensibly as a reward for helping Madigan win law business.
Before that meeting, Solis allegedly recorded Madigan telling him the speaker’s communication with Pritzker did not need to be in writing,” according to the indictment. “I can just verbally tell him,” Madigan allegedly said.
His office issued a statement last week saying Pritzker “does not recall” Madigan ever asking him to consider Solis “for any position” and that the administration has no record of the alleged recommendation.
A spokesperson for Pritzker also revealed the governor was informed by federal law enforcement that he was “only a witness” in the investigation, and that he agreed to a voluntary interview in his home in late February.
Pritzker spoke to investigators for about an hour “about his experiences with and knowledge of Mike Madigan” and that “he was pleased to cooperate and provide information.”
In addition to the criminal charges, the indictment also contains a forfeiture allegation against both Madigan and McClain seeking $2.8 million in alleged ill-gotten gains.
In his written statement Wednesday, Madigan said he never engaged in any criminal activity and that prosecutors were “attempting to criminalize” legal political actions such as job recommendations.
“That is not illegal, and these other charges are equally unfounded,” the statement read. “Throughout my 50 years as a public servant, I worked to address the needs of my constituents, always keeping in mind the high standards required and the trust the public placed in me. I adamantly deny these accusations and look back proudly on my time as an elected official, serving the people of Illinois.”
His criminal defense lawyers, Sheldon Zenner and Gil Soffer, said in their own statement the charges were “baseless” overreach by prosecutors and that the evidence would prove so in court.
McClain’s attorney, Patrick Cotter, said in a statement that the government for years has been trying to force him to cooperate “in its quest” against Madigan and that the latest charges are nothing more than a “continued attempt to pressure” him to do prosecutors’ bidding.
“He remains innocent of the recycled and new charges in this latest indictment,” Cotter said. “He will never testify falsely about himself or anyone, no matter how many indictments are brought against him. We will fight to prove his innocence.”
A major focus of the indictment is what prosecutors call the “Madigan Enterprise,” an ongoing arrangement with Madigan, McClain, the speaker’s 13th Ward Democratic organization, Madigan’s chairmanship of the state Democratic Party and his property tax appeals firm, Madigan and Getzendanner.
The purpose of the enterprise was to exercise, preserve and enhance Madigan’s political power and financial well-being, reward his political allies and workers financially for their loyalty and to generate income for members and associates through illegal activities.
The indictment alleges the illegal acts ranged from Madigan using his vast power as speaker, including his ability to virtually pass or block legislation, to reward friends and political allies.
The indictment was the culmination of a long-running federal probe of Madigan that broke wide open in summer 2020, when prosecutors identified him as “Public Official A” in bribery charges against ComEd.
Four people, including McClain, former ComEd CEO Anne Pramaggiore, former lobbyist John Hooker, and Jay Doherty, a consultant and longtime leader of the City Club of Chicago, were charged that November with bribery conspiracy and are awaiting trial. A fifth, former ComEd Vice President Fidel Marquez, has pleaded guilty to his role and is cooperating with investigators.
In May 2021, chief of staff Timothy Mapes, another key member of his inner circle, was charged with perjury and obstruction of justice for allegedly lying to a federal grand jury about Madigan’s relationship with McClain as well as other matters involving the ComEd scheme.
The probe came on the heels of another bombshell case — the racketeering indictment against Chicago Ald. Edward Burke, who like Madigan represented one of the last vestiges of Chicago machine politics.
Burke has pleaded not guilty and is awaiting trial.
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