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* The AP asked its regular go-to Chicago lawyer about Speaker Madigan’s immediate future…
“It means prosecutors are coming for him,” said Phil Turner, a defense attorney and former prosecutor in the U.S. attorney’s office in Chicago. “They have laid siege to the castle and it’s only a question of time when they assault.” […]
That prosecutors took the unusual step of identifying Madigan as a chief suspect before any indictment suggests charges could come any day, said Turner. […]
“The lesson that Madigan has to learn from Blagojevich is that he has to be prepared to be arrested,” said Turner.
Discuss.
posted by Rich Miller
Friday, Jul 24, 20 @ 10:46 am
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Previous Post: ComEd-related ethics restrictions look probable
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well sure but the conventional wisdom was Dorothy Brown would be indicted. It never happened because her subordinates lied and the statute of limitations expired. Will it happen here too?
Comment by Don Harmon's Folly Friday, Jul 24, 20 @ 10:52 am
If Madigan is arrested, I am doubting that we would see a Tom DeLay style booking photo.
Comment by Langhorne Friday, Jul 24, 20 @ 10:53 am
I’m skeptical. The feds arrested Blago on pretty fresh felonious activities. (recorded phone calls). I’m certain that MJM hasn’t had a phone conversation of significance in a decade or more.
MJM has always known he is is a target. I’m fairly confident he took a more careful approach in his dealings, as a result. And he likely started doing that, as well, more than a decade ago.
Comment by Downstate Friday, Jul 24, 20 @ 10:55 am
Doesn’t the FBI usually avoid trying to have undue influence on an election?
Comment by Candy Dogood Friday, Jul 24, 20 @ 10:57 am
Is Turner auditioning for the job? /s
Comment by Anyone Remember Friday, Jul 24, 20 @ 10:58 am
It’s possible Phil is right, but several former AUSA’s I’ve talked to think that the repeated requests in the Com Ed press conference for people to call the FBI if they have information suggest that the government doesn’t have enough yet.
A charging decision may come down to whether the G has an exceptionally good tape recording — which Madigan has a reputation for avoiding — or whether at least one of Madigan’s closest confidantes has flipped. At this point, we don’t know.
Comment by Keyrock Friday, Jul 24, 20 @ 10:59 am
Arresting Madigan would restore my faith in god.
Comment by Davis Junction Friday, Jul 24, 20 @ 10:59 am
I don’t know. If he was about to be arrested, why was the G still begging witnesses to come forward last week?
Plus, he’s spent a small fortune on lawyers. I presume this includes some experienced criminal defense counsel, who would likely know more about how imminent an arrest might or might not be.
I suspect he’s an early riser though, and so if he gets a knock on the door he won’t be wondering if it’s Jimmy DeLeo pranking him.
Comment by 47th Ward Friday, Jul 24, 20 @ 11:00 am
If Madigan gets arrested, will Chuck Goudie and the Channel 7 I-Team be there live? (Like that one day in June 2013 when they chased down Madigan at his legislative office).
Comment by Chatham Resident Friday, Jul 24, 20 @ 11:06 am
Until the FBI and the USA show more than giving… look at it this light…
… giving ComEd a $200 million plus “break” on fines (which shoulda been huge news, “take 1”)…
… while agreeing to force $200 million in fines (which shoulda been huge news, “take 2”)…
… and asking publicly for more information…
This is much more “American Hustle” type of thingy than anything else.
Couple nice indictments, a nice show of a crackdown… but the big fish, the real target… they never got close.
We’ll see, but looks like an “American Hustle” kind of stalled investigation right now.
Comment by Oswego Willy Friday, Jul 24, 20 @ 11:09 am
I usually stay quiet when news erupts about the Feds issuing Subpoenas and investigating suspects. My own experience in this field while representing a labor union with a firm I was working for at the time under Federal investigation far too may moons ago. I delivered 12 boxes of paperwork as demanded to them in response to the Subpoena, and four years later they called and asked if I could pick those boxes all up. So I did. Never got a confirmation that the investigation was over. No indictments.
Mr. Madigan and his attorneys may face the same situation. Or a worse one. Who knows. Again, time will tell.
Comment by Louis G Atsaves Friday, Jul 24, 20 @ 11:11 am
“It never happened because her subordinates lied and the statute of limitations expired’
Time is not on MJM’s side. Federal Statute of limitations if 5 years. Most of the acts in the statement of facts are from 2017, 2018,2019. The acts from 2011 could be covered under the 10-year federal statute of limitations …
10 years
18 U.S.C. § 1033 (crimes by or affecting persons engaged in the business of insurance)**
18 U.S.C. § 1344 (bank fraud)**
18 U.S.C. § 1341 (mail fraud affecting a financial institution)**
18 U.S.C. § 1343 (wire fraud affecting a financial institution)**
https://fas.org/sgp/crs/misc/RL31253.pdf
Comment by Donnie Elgin Friday, Jul 24, 20 @ 11:17 am
The commenters on this site should welcome his arrest and honest politicians and lobbyist throughout the state should be coming out of the woodwork with any details that could make this happen. If you aren’t willing to put your neck out to rid the State of corruption then you are part of the problem. We don’t build a fair and equitable government for all until we do our best to remove our corrupt politicians. Don’t care about party affiliation either all that are corrupt need to go, let’s start at the top and work are way down.
Comment by Arock Friday, Jul 24, 20 @ 11:22 am
This whole “Feds stay out of elections” is a myth. By law, feds have to stick to statute of limitations as well as the 18 month time clock for grand juries. Those are the only timelines that they abide by. Look at Burke, got indicted close to an election. Statute of limitations is 5 years when the conspiracy “ended”. This GJ is from January 2019. So 18 months would be July 2020, unless the feds requested an extension to 24-36 months which is likely due to COVID and the complexity of the case. Also, it appeared to me that the plea from the feds for the public to call them, was about other electeds and public corruption conspiracies. Not about Madigan. The context of their phrase was about “if there are others….we will find you….come forward now, and here’s our number.” I don’t think Madigan is counted as “others” since the ComEd charge was clearly about him.
Comment by Wondering Friday, Jul 24, 20 @ 11:23 am
Nobody has any idea what the fed is up to. To suggest they don’t have the “big fish” when he’s listed as target A in the com ed deferred prosecution is as misguided as suggesting Madigan will be arrested like Blago. Nobody knows except the people working the case.
Comment by 19th Ward Guy Friday, Jul 24, 20 @ 11:23 am
“Arresting Madigan would restore my faith in god.”
What would have restored my faith in god would Patrick Fitzgerald having gone after GOP / Sangamon County patronage crimes with the same vigor he pursued Richard M. Daley’s (Robert Sorich) …
Comment by Anyone Remember Friday, Jul 24, 20 @ 11:25 am
=== The commenters on this site should welcome his arrest and honest politicians and lobbyist throughout the state should be coming out of the woodwork with any details that could make this happen. If you aren’t willing to put your neck out to rid the State of corruption then you are part of the problem. We don’t build a fair and equitable government for all until we do our best to remove our corrupt politicians. Don’t care about party affiliation either all that are corrupt need to go, let’s start at the top and work are way down. ===
So you have already made a judgment based on what you read in the newspaper. I would prefer to withhold judgment until I know all of the facts. I don’t think the government should be arresting people unless there is evidence of a crime. Newspaper reports are not evidence.
Comment by Powdered Whig Friday, Jul 24, 20 @ 11:25 am
Mike Madigan is 78 years old and wealthy. I doubt his pension is on his mind right now. He’s been under the feds intense scrutiny for decades. Someday, we’ll be able to determine if he was a master criminal or if he was a really smart guy who understood what he could do and what he could not. Will he be Daley or Burke/Vrdolyak? I’m betting that he ends his career on his own terms.
Comment by Trapped in the ‘burbs Friday, Jul 24, 20 @ 11:33 am
Very sad that we are even having this kind for a discussion. Let’s hope that the legislature and Pritzker pass some tough new reforms on lobbying in Illinois. Not more fat cat rich Lobbyist in our state.
Comment by Frumpy white guy Friday, Jul 24, 20 @ 11:37 am
well, if they arrest him, what about some of the others named lower than him, including those who saw colleagues indicted but not them in the past? and makes one wonder about those who resigned from their jobs who have close ties to Madigan. having a feeling or tangential knowledge that something is up makes for good timing for leaving.
Comment by Amalia Friday, Jul 24, 20 @ 11:48 am
Mike madigan is like Keith Richards. They will both be standing after the end of the world.
Comment by Bruce (no not him) Friday, Jul 24, 20 @ 11:48 am
I think the article overstated it a bit. Does he have to be prepared because it is more than a theoretical possibility? Sure. Do I think it is imminent? No.
Comment by Ron Burgundy Friday, Jul 24, 20 @ 11:54 am
He would also have to run the gauntlet at the Daley Center for a court appearance, but if they arrest the speaker…. it would be in the middle of the night or daybreak as we see with other high profile cases. Interesting to find out if the pressers are following Madigan to get the story.
Comment by Top of the State Friday, Jul 24, 20 @ 12:00 pm
SOP in all big investigations is trying to flip the small fries to talk about the bigger fish above, then get the bigger fish to flip on the big tuna at the top.
The fact that the feds are begging for witnesses is, excuse the pun, fishy.
Buffers, fellow CapFaxers. Buffers.
Comment by Streator Curmudgeon Friday, Jul 24, 20 @ 12:03 pm
@TopoftheState, Daley Center has civil local courts. Federal Building is where appearance would be. unless of course one is visiting civil judges that one was involved in putting in place.
Comment by Amalia Friday, Jul 24, 20 @ 12:04 pm
Keep dreaming. The knock on Mah’s door at 7 am is not the act of a team that has the Speaker cornered. Like Lausch’s presser where he begged for tips, It all seems to be a tell that the feds are becoming desperate. I have no doubt Barr and Trump are pressing for Lausch to dirty up as many Chicago Dems as possible. That does not mean the Speaker is a choir boy by any means.
Comment by OK Boomer Friday, Jul 24, 20 @ 12:08 pm
==The feds arrested Blago on pretty fresh felonious activities.== That and a high likelihood that more Blago felonies were on the way, of the variety that are tough to undo, like selling U.S. Senate seats. The G has the luxury of playing the long game with Madigan if it wants.
Comment by SAP Friday, Jul 24, 20 @ 12:09 pm
” It all seems to be a tell that the feds are becoming desperate”
Perhaps, but the unusual act that they identified MJM as Elected official A and that they have ComEd on a three-year cooperation agreement seems to be signalling the end of MJM’s reign.
Comment by Donnie Elgin Friday, Jul 24, 20 @ 12:14 pm
I must admit, I practice criminal law in the federal courts and I had never heard of Phillip Turner before his quote, for whatever that’s worth.
Comment by Paddyrollingstone Friday, Jul 24, 20 @ 12:18 pm
The lesson here may simply be that Mr. Turner knows how to provide a quote.
Comment by Northsider Friday, Jul 24, 20 @ 12:27 pm
===…that they have ComEd on a three-year cooperation agreement seems to be signalling the end of MJM’s reign.===
And yet no one from ComEd was held personally responsible. Not the former CEO, not any of their in-house people, no one. You’d think a crime this bold would have resulted in someone getting formally charges with a crime. Instead, they are charging a corporate entity and last I checked, corporate entities can’t be sent to federal prison.
For the record, I think Madigan should step down, at least as Speaker and party chairman, because this cloud taints every Democrat who takes or gives him money or political support. He knows this too. Imagine the mailers DPI would send out about rank and file Republicans if the roles were reversed. He can’t be effective now, he’s crippled politically, and we have serious issues to tackle that won’t wait until he’s “recovered” or cleared or whatever.
Innocent until proven guilty, but these allegations prevent him from doing his job, so he ought to step back, if not down.
Comment by 47th Ward Friday, Jul 24, 20 @ 12:30 pm
“They have laid siege to the castle and it’s only a question of time when they assault.”
Put me down as five bucks on the over.
– MrJM
Comment by @misterjayem Friday, Jul 24, 20 @ 12:30 pm
=== Put me down as five bucks on the over.===
… me for an additional five on the over.
Comment by Oswego Willy Friday, Jul 24, 20 @ 12:32 pm
=That does not mean the Speaker is a choir boy by any means.=
There’s a hot take
Comment by AndyIllini Friday, Jul 24, 20 @ 12:49 pm
I have no doubt MJM has a plan for if he is arrested.
I’m not holding my breath, however, on the idea that he will be indicted and convicted.
Comment by MG85 Friday, Jul 24, 20 @ 1:00 pm
Yeah, they laid siege to the castle, then in the style of an elementary school teacher said those of you who are responsible that we didn’t catch are going to get caught. And asked for more people to come forward. I would love a Madigan indictment. If it was in the offing in the near term, it would have been done already I believe.
Comment by Ducky LaMoore Friday, Jul 24, 20 @ 1:08 pm
Misterjayem knows more about MJM than us. I think I finally realized they are the same person. /s
Comment by Lurker Friday, Jul 24, 20 @ 1:14 pm
This is the job. Don’t wait for it to happen. Don’t even want it to happen. Just watch what does happen.
~Jim Malone
Comment by Flat Bed Ford Friday, Jul 24, 20 @ 1:17 pm
My guess is that, at this point in his reign, folks close to Madigan operate on the assumption that they are doing what he wants without ever asking him for direction or consent. If true, it puts the Feds in a bind because none of the potential witnesses can testify that they were directed by Madigan to engage in illegal activity, only that they did what they assumed Madigan wanted. Madigan’s very solid defense would be that he did not know what they were doing, and, if he had known, he would have stopped them.
Comment by Pot calling kettle Friday, Jul 24, 20 @ 1:28 pm
=Perhaps, but the unusual act that they identified MJM as Elected official A and that they have ComEd on a three-year cooperation agreement seems to be signalling the end of MJM’s reign=
Could be. Or it could have been nothing more than an attempt to shake the tree. Lead others to believe they had him cornered so they’d come forward with information. Sometimes things aren’t exactly what they seem to be. Let’s wait and see what happens next.
Comment by Pundent Friday, Jul 24, 20 @ 1:30 pm
This is a different animal. The feds are not thinking this happened. Com Ed is paying $200 million because it happened. It is about admissible evidence.
$5 on the over…Never bet against Madigan or Belichick.
If Biden wins, this investigation is over.
Comment by the Patriot Friday, Jul 24, 20 @ 1:41 pm
” Madigan’s very solid defense would be that he did not know what they were doing,”
The Mapes defense
Comment by Donnie Elgin Friday, Jul 24, 20 @ 1:48 pm
More interesting news on the Speaker.
While I don’t know all the titles of all the chapters or all of the names in the index of the Madigan Book, I have a increasingly good idea of how it is going to end.
Games over. If someone knows something they should cooperate with law enforcement folks now.
Comment by Back to the Future Friday, Jul 24, 20 @ 2:24 pm
I used to have some confidence in the FBI’s investigative abilities.
Then I read the Politico piece on the investigation into alleged fundraising improprieties by the Biden campaign in 2008. I think it shows you another side.
It’s not correct to assume that just because someone is being investigated that they will he charged or convicted. Especially since this case provides a rather novel set of facts.
Comment by Dread Pirate Roberts Friday, Jul 24, 20 @ 2:33 pm
== If Biden wins, this investigation is over.==
Why?
Comment by Fly like an eagle Friday, Jul 24, 20 @ 3:17 pm
“If Biden wins, this investigation is over.”
Biden is not Trump. But thanks for the projection.
Comment by Ducky LaMoore Friday, Jul 24, 20 @ 3:40 pm
“Let’s hope that the legislature and Pritzker pass some tough new reforms on lobbying in Illinois.” No public official of substance has been prosecuted by the IL Attorney General since Eliot Ness arrived in Chicago in 1930. Illinois has a weak Attorney General act, and a weak AG in Kwame Raoul. That is by design.
For ninety years, taxpayers who want basic rule of law and accountability in for politicians, bureaucrats, and police in Illinois have had to wait for the federal government to become involved. Those who admire how smart Mike Madigan is for not using email or a cell phone, and using “buffers” to pass orders, sound like mob movie fans. Mike Madigan is the last living vestige of the old Mayor Daley southside Irish political machine. If he is prosecuted, no one will ever be able to replicate it. Good riddance IMO.
Comment by Payback Friday, Jul 24, 20 @ 4:11 pm
“If Biden wins, this investigation is over.”
Like how the Blagojevich investigation ended after Obama was elected?
Yeesh.
– MrJM
Comment by @misterjayem Friday, Jul 24, 20 @ 4:49 pm