Former Illinois House Speaker Michael Madigan appeals corruption conviction
Attorneys for former Illinois House Speaker Michael Madigan have filed a lengthy appeal seeking to overturn his corruption conviction, three weeks after he reported to prison to begin serving a 7 ½-year sentence.
In their appeal, Madigan's lawyers argue that prosecutors improperly stretched federal bribery and fraud statutes "past their breaking points" in order to secure Madigan's convictions.
"The prosecution improperly criminalizes the rough-and-tumble business of state politics in direct contravention of recent Supreme Court rulings. To be sure, the evidence showed that ComEd and the alderman sought to curry favor with Madigan. Constituents do this every day, whether through hiring politically connected individuals or offering other support to legislators," defense attorneys wrote. "These interactions may strike federal prosecutors as unbecoming. But they do not constitute bribery."
The 71-page filing with the 7th U.S. Circuit Court of Appeals also argued that prosecutors "shoehorned nearly a decade of conduct into several alleged corruption schemes, throwing years' worth of legislative action and political relationships at the jury in the hopes of making something stick."
Defense attorneys also claimed U.S. District Judge John Robert Blakey also made multiple errors in rulings in the case, including allowing jurors to consider a "stream of benefits" theory as part of the bribery charges against Madigan, rather than requiring the jury to find proof of an explicit quid pro quo, "holding that an official must agree to take official action on a specific question or matter in exchange for something of value."
Federal prosecutors' response to the appeal is due by Dec. 3, after which Madigan's defense team can file another brief by Dec. 24, after which the appeals court panel assigned to the case might schedule oral arguments before ruling on Madigan's appeal.
Madigan, 83, reported to a minimum-security prison camp in West Virginia last month to begin serving his 7 ½-year sentence. While he must serve at least 85% of his sentence before he is released from custody, federal law allows elderly prisoners like him to serve part of their sentences in a halfway house or on home confinement.
For example, former Chicago Ald. Ed Burke was released from prison less than halfway through is 2-year sentence for corruption charges earlier this year, and was placed on "community confinement," allowing him to complete his sentence either in a halfway house or under house arrest.
Madigan can also participate in programming to reduce his sentence. CBS News Chicago legal analyst Irv Miller said Madigan could get out of prison in as little as three years.
Madigan held the position of Illinois House speaker for 36 years before stepping down in early 2021. A year later, he was indicted on bribery, conspiracy, and fraud charges.
A federal jury in February convicted him on 10 corruption counts, but acquitted him on seven other charges, and were deadlocked on six other counts, following a four-month trial accusing him of running a yearslong criminal enterprise to enrich himself and his political allies.
Madigan and his longtime political confidant Michael McClain were accused of conspiring with utility companies ComEd and AT&T to provide no-show jobs to Madigan's allies in exchange for the speaker's help on legislation. Prosecutors also accused Madigan of pressuring real estate developers to hire his private law firm, which specializes in property tax appeals
The former speaker had sought to remain free on bond while he appeals his conviction, but both Blakey and the 7th Circuit denied his request.