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A look at day 2 of the ComEd 4 trial

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* Both former Reps. Scott Drury and Carol Sente, who testified for the prosecution yesterday, voted for ComEd’s bill in December of 2018. That bill is the basis for this corruption trial. Madigan didn’t vote either way. But this transcript from September of 2018 sure looks like Madigan was involved with details and Mike McClain was doing his bidding

MADIGAN: What about the PLA at ComEd for one-fifty and the laborers?

McCLAIN: Right. So, I’m, I’m, I gotta call into Fidel uh, I, what is today, Friday? I called him on Wednesday to see what the status is, if Dick Gannon’s taking that around so, um, once, once Fidel gets back to me I’ll, I’ll call you right away.

This doesn’t prove bribery, of course, but it does show Madigan was involved.

…Adding… From an insider…

The unions typically go to the legislative leaders and ask them to help push companies that are slow to sign off on PLAs. I presume that’s what the call was. It’s not related to the ComEd bill.

* The federal government is trying to prove that McClain acted as Madigan’s agent on the ComEd bill, and they have recordings to back up their general argument about McClain’s duties. From Hannah Meisel’s story

But McClain called Lang with some bad news: Another woman was threatening to come forward with harassment allegations if Lang was reinstated to a leadership position. What’s more, Madigan wanted Lang to resign from office to become a lobbyist.

“So this is no longer me talking,” McClain said in that Nov. 2018 call. “I’m an agent of somebody that cares deeply about you, who thinks that you really oughta move on.”

“Agent,” as used by McClain, is exactly how federal prosecutors want the jury to think of the defendant in the trial where he and three others stand accused of bribing Madigan with jobs and contracts for the speaker’s political allies in exchange for legislation favorable – and lucrative – to ComEd.

…Adding… The Lang thing does have that vibe…


This whole opening scene is like Tom Hagen telling Frank Pentangeli to cut his wrists in Godfather II. https://t.co/d0pJ6dJLbj

— Chris Wetterich (@cwetterich) March 17, 2023

* From the Tribune

Asked about the call, Lang testified he knew McClain called him that day to deliver a message from Madigan. He said he knew that McClain often delivered messages for the speaker, and sometimes referred to Madigan as “our friend” or “‘Himself,’ as if it had a capital ‘H.’”

“It was very clear that there had been a decision made by the speaker that I was not going to move up in the ranks,” he told the jury. […]

On cross examination by McClain’s attorney, Lang acknowledged that in decades as a legislator, “Mike Madigan never ordered me to do anything.” He also says he remembers “nothing” about Madigan doing anything special to pass ComEd’s legislation.

* Sun-Times

Despite the gravity of the request McClain made in November 2018, Lang said he was not surprised to get the message from McClain — who was then a ComEd lobbyist — and not Madigan himself.

“Because Mr. McClain was the person who was often sent by the speaker to talk to members about various issues involving the workings and operations of the Illinois House of Representatives,” Lang told prosecutors.

* ABC7

In another call with then-Madigan staffer Craig Willert on February 20, 2019, [McClain] is heard saying: “My client is not ComED…My client is not Walgreens. My client is the Speaker.”

Full McClain quote…

My client is not ComEd, my client is not is not uh CBOE, my client is not Walgreens. My client is the Speaker. And once you come at, not you, but once a lobbyist comes to peace that that’s their client, it’s a lot easier. (Laughs)

* The government is also trying to show the jury the alleged seediness of Illinois politics under Madigan

“I would never embarrass him that way,” replied Lang, who continues to deny the allegations, but then asks, “Do you think he [Madigan] would be helpful to me in business procurements?”

“Yes,” McClain replied.

* Meanwhile, Madigan’s people monitored every channel, including comments on this website…


Drury said he had reached out to other reps to see if they'd consider not supporting Madigan, because it only took nine votes to deny him another term.
Q: Did you find nine people who would vote against the speaker?
A: (Smiling) No.
Q: Did you find anyone?
A; (Smiling) No.

— Jason Meisner (@jmetr22b) March 16, 2023

Nobody followed Drury because Drury was not in any way collegial. When you spend most of your time at your job lecturing colleagues and grandstanding instead of working with them, you just don’t get too far in life, no matter what profession you’re in.

* More on Drury

Drury said Madigan would determine House committees, who sat on them and who the chairmen would be. He had the power, Drury said, to control the flow and the schedule of legislation. […]

[Drury and former Rep. Carol Sente] described how Madigan would use the rules committee to either bless or kill litigation.

1) All chamber leaders in both parties have controlled the appointment of committee members and chairs/spokespersons for longer than I’ve been around, and still do to this day. And the majority chamber leaders still control the legislative flow and schedule.

2) After moving all bills out of Rules to standing committees for two years, the House has now reverted back to the old ways. More here.

* Isabel’s coverage roundup…

posted by Rich Miller
Friday, Mar 17, 23 @ 11:22 am

Comments

  1. ==Scott Drury, a former Assistant U.S. Attorney

    He never described himself as a lowly attorney, always as the “former federal prosecutor.”

    Comment by Stuck in Celliniland Friday, Mar 17, 23 @ 11:34 am

  2. Shoulda bought Scott Drury that clock.

    Comment by ddp76 Friday, Mar 17, 23 @ 11:43 am

  3. So the former federal prosecutor testified for federal prosecutors. Wow. What a surprise.

    They will hold him up to be some sort of saint without mentioning how disliked he was among Democratic collegues of all stripes as Rich alluded to.

    Comment by low level Friday, Mar 17, 23 @ 11:56 am

  4. Not sure this was a particularly strong start to the feds’ case. I don’t see how this foundation will establish for the jury that anything Madigan did was extraordinary or outside the normal practice of politics. Especially with Lang testifying that he asked for lobbying contracts in exchange for resigning.

    These politician witnesses seem like they either have old grudges with Madigan or are avoiding prosecution themselves. Still a long way to go, obviously, but at some point the feds need to distinguish Madigan from the average politician.

    Comment by vern Friday, Mar 17, 23 @ 11:57 am

  5. OK recap 3 GA members, 2 voted yes and one said he saw no unusual actions
    Tribbies shocked that Drury blocked from a clock was not a major element of the testimony. Suggests some understood memento for supporters not likely to go to opponents.

    Comment by Annonin' Friday, Mar 17, 23 @ 11:57 am

  6. Can anyone explain why McClain was so trusted? A downstate member from Quincy who was defeated and left the House in 1983. Why him?

    Comment by low level Friday, Mar 17, 23 @ 12:11 pm

  7. “Speaker’s Rules.”

    IF that is illegal under federal law, will they repeal the statute of limitations and prosecute Lee Daniels & Pate Philip? /s

    Comment by Anyone Remember Friday, Mar 17, 23 @ 12:11 pm

  8. That was from CapFax comments from before we were strongly encouraged to stop posting under anonymous. I wish I had known how much the Speaker’s Office cared but then I might have used the comments section to troll them with ridiculous things.

    ===Nobody followed Drury because Drury was not in any way collegial.===

    In many ways this feels like an understatement.

    Comment by Candy Dogood Friday, Mar 17, 23 @ 12:14 pm

  9. **Can anyone explain why McClain was so trusted? A downstate member from Quincy who was defeated and left the House in 1983. Why him?**

    McClain and MJM were close. They traveled (and I believe at one point roomed) together. It wasn’t just about McClain being a former legislator. It was about legitimate friendship and trust.

    Comment by JoeMaddon Friday, Mar 17, 23 @ 12:15 pm

  10. Drury could have been as collegial as Ted Kennedy and I doubt he would have pried anyone from Madigan. A certain elected pol (I won’t say whether currently in office or not) told me as much when I spoke with them about Madigan around the time of the “admit these kids to the University of Illinois” list became known.

    Comment by lake county democrat Friday, Mar 17, 23 @ 12:37 pm

  11. Change re The Rules Committee. Is it possible the change is due to substantive committees being swamped with bills to the extent they don’t have the resources to adequately review all of them?

    In the 101st GA, there were 5,879 introduced House Bills. 102nd GA, 5,867. 103rd GA? In 3 months (pre-filed bills started 12/05/2002), 4,019.

    Comment by Anyone Remember Friday, Mar 17, 23 @ 12:37 pm

  12. == Not sure this was a particularly strong start to the feds’ case ==

    That was my initial reaction, too. But I think all of us here in capfax world are a little jaded by these things. I suspect ordinary civilians, like the people serving on the jury, are shocked by some of the things we see as just routine political machinations. That obviously helps the feds’ case a bunch.

    Comment by Roman Friday, Mar 17, 23 @ 12:43 pm

  13. === Drury could have been as collegial as Ted Kennedy and I doubt he would have pried anyone from Madigan.===

    The point isn’t if Drury did or didn’t pry anyone away, the point is Drury having followers “as he was”.

    Changing the goal posts to Drury’s own persona to have a wavy that Madigan was “going to anyway” misses the whole point.

    Comment by Oswego Willy Friday, Mar 17, 23 @ 12:43 pm

  14. T-minus 3, 2, 1 until Rich Miller and McClain are in the wire tap audio recordings.

    Comment by Jane Byrne's Hairpiece Friday, Mar 17, 23 @ 12:47 pm

  15. === he would have gotten a lot more done if he just went with the flow of corruption===

    If you feel all of Illinois politics and in the governing of this state is corrupt then no matter what is said you will not look at governing honestly or the honesty to what has been done in and around state government.

    Bitter is an ugly color

    Comment by Oswego Willy Friday, Mar 17, 23 @ 12:47 pm

  16. ===Rich Miller and McClain are in the wire tap audio recordings===

    LOL

    We didn’t talk on the phone much. But, who knows, maybe.

    However, if you think he shared with me his alleged criminal enterprises, you’d be wrong.

    Nice try, though.

    Comment by Rich Miller Friday, Mar 17, 23 @ 12:49 pm

  17. =I don’t see how this foundation will establish for the jury that anything Madigan did was extraordinary or outside the normal practice of politics.=

    It is setting the stage for the fact that McClains words and actions were synonymous and an extension of MJM. When they get to the illegal acts that were directed by McClain, the feds want the jury to understand that it was at the direction of MJM. Could be a tough sell, or maybe not. We’ll see.

    Comment by JS Mill Friday, Mar 17, 23 @ 12:49 pm

  18. ===Is it possible the change is due to substantive committees being swamped===

    Not just possible, but almost assuredly probable.

    Comment by Rich Miller Friday, Mar 17, 23 @ 12:53 pm

  19. ===Rich Miller and McClain are in the wire tap audio recordings===

    === We didn’t talk on the phone much. But, who knows, maybe. ===

    Sounds like a question of the day. If Rich was found to be on a wiretap of McClain, what would be be talking about?

    My guess would either be Oscar the puppy or the daily special at the Sangamo Club.

    Comment by Hannibal Lecter Friday, Mar 17, 23 @ 12:55 pm

  20. ==They will hold him up to be some sort of saint without mentioning how disliked he was among Democratic collegues of all stripes as Rich alluded to.==

    Well, yeah, and I put my antipathy for Drury behind no man’s, but that’s not actually relevant to this trial. In other words, two things can be true at once: 1) Drury was a doofus that nobody liked; 2) The ComEd 4 were trying to bribe MJM.

    Comment by Arsenal Friday, Mar 17, 23 @ 1:19 pm

  21. === Drury could have been as collegial as Ted Kennedy and I doubt he would have pried anyone from Madigan.===

    This isn’t a college dorm room. He tried to go to war, but couldn’t find any allies.

    Just 18 months after he left the House, some people with actual skills and personalities did find allies. 19, to be exact.

    I mean, he lectured his colleagues so much that they openly derided him. Even Kelly Cassidy, one of the 19, and no friend of MJM, mocked him on the House floor during a debate. Oswego Willy designed a t-shirt in commemoration…

    Some of y’all are choosing to die on the absolute wrong hill.

    Comment by Rich Miller Friday, Mar 17, 23 @ 1:25 pm

  22. ==I don’t see how this foundation will establish for the jury that anything Madigan did was extraordinary or outside the normal practice of politics.==

    It doesn’t have to. This isn’t MJM’s trial. Right now, the prosecutors need to prove that the ComEd 4 tried to bribe MJM.

    The feds are laying a very deliberate foundation here. MJM was all powerful, and McClain often spoke for him. Next they show how McClain told ComEd that MJM wanted this or that in exchange for passing or killing a bill, and they’ll be off to the races.

    I do worry that the feds are being a little too deliberate and that the argument is getting too attenuated. And I agree that if you really understand how the Dome worked in those days, Drury lacks some credibility in describing how bills actually moved. But the feds are better at this than me, so let’s see what happens.

    Comment by Arsenal Friday, Mar 17, 23 @ 1:27 pm

  23. Some things are so… “so”…. they need a t-shirt

    :)

    Comment by Oswego Willy Friday, Mar 17, 23 @ 1:31 pm

  24. === Why him? ===

    He was slated to be Madigan’s Majority Leader when MJM won the House in 1982 under the new map. Madigan described him at the time as his “best friend.” But he lost his seat.

    Comment by Rich Miller Friday, Mar 17, 23 @ 1:40 pm

  25. ==Just 18 months after he left the House, some people with actual skills and personalities did find allies. 19, to be exact.==

    Including Drury’s successor in the House, in fact.

    Comment by Arsenal Friday, Mar 17, 23 @ 1:49 pm

  26. ==honestly and transparency doesn’t make a lot of friends in state politics, including on this blog.==

    Another victim heard from

    Comment by Demoralized Friday, Mar 17, 23 @ 1:51 pm

  27. ==Yeah, he would have gotten a lot more done if he just went with the flow of corruption.==

    How did he at all stem the flow of corruption, though? I mean, your false binary is fun and all, but the fact of the matter is that it took someone besides Former Federal Prosecutor Scott Drury to finally dislodge Madigan, so clearly what he was doing didn’t work.

    Comment by Arsenal Friday, Mar 17, 23 @ 1:52 pm

  28. We are two days into a long trial. Hard to draw any conclusions at this point.

    Comment by 47th Ward Friday, Mar 17, 23 @ 3:16 pm

  29. Is there a place online to listen to all the wiretaps played to date in court?

    Comment by Final 4 Friday, Mar 17, 23 @ 3:17 pm

  30. we’ve gone from assume you are bugged to assume your comments on CapFax will be printed out and shared with Mike Madigan.

    Comment by Amalia Friday, Mar 17, 23 @ 3:23 pm

  31. I’ve always been amazed at how much money the Laborers and the Operators have given Madigan or dispersed at Madigan’s direction to other members of the GA. Along with their respective appointments to the Tollway, so it is no surprise to see them brought up on day 2 here. You have to wonder how close those guys are to having their own indictments brought before the court.

    Comment by Illini 9th Seed Friday, Mar 17, 23 @ 3:35 pm

  32. ===finally pretend to do something===

    Narrator: They actually did do something, they denied Madigan the gavel.

    Comment by Oswego Willy Friday, Mar 17, 23 @ 3:42 pm

  33. Kind of senseless if not idiocy to predict or conjecture the outcome of any trial as complex as this one based on a couple of witnesses and opening statements. One must remember that obtaining approval from the chief judge for wiretaps requires probable cause that crimes had been or were actively being committed. Also- given the nexus to Madigan- the wiretap applications had to first be vetted at main Justice. Lawyers can cross examine witnesses as much as they want but when a jury has a defendants own words played in open court it will take a magician to obtain acquittals for these defendants -

    Comment by Sue Friday, Mar 17, 23 @ 3:55 pm

  34. Also, aside from Drury’s many, many shortcomings, there was no appetite in that party to divide itself while it was at war with a Republican governor who had openly vowed to leverage the state’s fiscal crisis in order to break public and private sector unions, and who had also made that guy public enemy number one.

    The deliberate rejection of contextual history by some here is beyond disingenuous.

    Comment by Rich Miller Friday, Mar 17, 23 @ 4:00 pm

  35. The family has got a lot of buffers

    Comment by Boone's is Back Friday, Mar 17, 23 @ 4:08 pm

  36. Q: Did you find nine people who would vote against the speaker?
    A: (Smiling) No.
    Q: Did you find anyone?
    A; (Smiling) No.
    Q: Do you know where you are, Mr. Drury?
    A: (Smiling) No.
    A:

    Comment by low level Friday, Mar 17, 23 @ 4:19 pm

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