Former Illinois House Speaker Mike Madigan's attorneys to make case in appeal of conviction

Attorneys for imprisoned former Illinois House Speaker Mike Madigan were set to return to court Thursday, in hopes of getting his corruption conviction overturned.

Madigan, who turns 84 later this month, reported to a minimum-security prison camp in Morgantown, West Virginia, in October 2025.

A federal jury in February 2025 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.

CBS News Chicago Legal Analyst Irv Miller explained that there are two ways Madigan's attorneys could try to get his conviction overturned.

"They're trying to do one of two things — either have the appellate court grant him a new trial, or to outright reverse the conviction, saying he wasn't proven guilty beyond a reasonable doubt," Miller said, "and it's not one judge that's hearing the case today — it's three. The appellate court, the majority rules on the appellate court. If it's two-to-one, that's the way it goes. If it's unanimous, either way, that'll decide what's going on today."

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."

The appeals panel will not make a decision on Thursday.

"They're going to take it under advisement and write an opinion. It could take them a month. It could take two months," Miller said. "But we're not going to know anything today other than hearing the arguments."

Miller said making a case that a defendant was not proven guilty beyond a reasonable doubt is difficult in an appeals court.

"They have to look at the evidence in the light most favorable to the prosecution," Miller said. "You're no longer presumed innocent in the appellate court. Frankly, you're presumed to be guilty."

Miller said claiming errors by the trial court would be Madigan's attorneys' best shot, as it would focus on the idea that the judge was wrong rather than requiring the appeals panel to weigh the case in the light most favorable to the prosecution.

Madigan has also applied for a pardon from President Trump. If Madigan is granted a pardon, it would wipe out the conviction and make an appeal unnecessary.

But if such a thing does happen, Madigan said, it will not likely come before the appeals panel makes a decision.

"He's probably going to wait and see what the appellate court does. The appellate court could say: 'Hey listen, there was not enough evidence in this case. We're instructing the trial court to go back and dismiss the case," Miller said. "So I suspect that any political decision about a pardon will wait until this decision is rendered."

Each side gets 20 minutes to make their case before the appeals panel. Madigan will not be in court, but he can listen in.

The hearing is set for 2 p.m.