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* Background is here if you need it. From US District Judge John Kness’ July ruling denying Tim Mapes’ motion to prevent statements in his indictment from being used against him at his perjury trial…
Defendant seeks to strike the following statement from the Indictment: “MAPES provided [McClain] with messages communicated to MAPES by [Madigan], including messages concerning work and assignments [McClain] was performing on behalf of [Madigan] between 2017 and 2018.” Defendant appears to contend that this statement fails to “state the elements” of perjury as required under Vaughn because this allegation does not contradict any of his statements in Episodes 1–7 and so cannot form the basis of a perjury charge. The Court disagrees.
In Episode 4, Defendant stated that he was “not aware of any” “reason to think [McClain] was acting as an agent for [Madigan],” where “acting as an agent” was defined as “doing work for him or carrying out assignments for him.” If Defendant was, in fact, “provid[ing] [McClain] with messages communicated to [him] by [Madigan], including messages concerning work and assignments [McClain] was performing on behalf of [Madigan],” this would directly contradict Defendant’s response to the question in Episode 4. Accordingly, the motion to dismiss this portion of the Indictment is denied.
That last paragraph has stuck with me ever since we discussed it in July. The judge essentially placed a large neon arrow next to what he viewed as a likely criminal act. Mapes may need a miracle to pull this off.
* From Hannah Meisel’s story today…
Mapes and McClain kept each other abreast of other developments in their world for months after Mapes’ resignation, including when Mapes was approached by FBI agents in January 2019. Mapes prepared a memo after his meeting with the feds, and the next month told McClain about a conversation he’d had with Madigan’s attorney, Sheldon Zenner, according to court filings.
Mapes said he’d given Zenner the memo per “a request,” and that he was calling McClain to “report back in” afterward.
“A jury could readily infer that Mapes made these statements to McClain with the intent that McClain relay them to Madigan,” prosecutors wrote last month. “At the end of the call, Mapes again says, ‘I’m just reporting in,’ again clearly showing that he was intending to keep McClain in the loop, so that Madigan too could be kept in the loop.”
posted by Rich Miller
Tuesday, Aug 8, 23 @ 10:19 am
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The sub-arc of that story is the agents were investigating a central Illinois matter that was unrelated and apparently was never charged. I always found that tidbit fascinating.
Comment by Jet Sweep Tuesday, Aug 8, 23 @ 10:35 am
Mapes landing in jail for his role in what was essentially an organized crime syndicate operating under the Dome is justice.
That he had a chance to avoid this fate and blew it due to his arrogance and lack of self awareness is totally on script for a petty jerk of a man.
Dislike for this petty little man perhaps the most bi-partisan area of agreement in Springfield in recent history. Modern day Barney Fife.
Comment by Um, no Tuesday, Aug 8, 23 @ 10:47 am
=== Dislike for this petty little man perhaps the most bi-partisan area of agreement in Springfield in recent history. Modern day Barney Fife. ===
Wow. Bitter much?
Comment by Hannibal Lecter Tuesday, Aug 8, 23 @ 11:29 am
You might say bitter… but I wouldn’t say incorrect.
Comment by Lincoln Lad Tuesday, Aug 8, 23 @ 11:35 am
===organized crime syndicate===
Such organizations put people in graves, known and otherwise. Whatever the crimes, however egregious the betrayal of the public trust, nobody was murdered.
===petty jerk of a man===
As a former prominent lobbyist who recently retired to pursue his dream of being a ganjier in a different state told Dan Mihalopolous early this year, ““Nobody is just one thing. And people can be good, and they can be bad.”
===Barney Fife===
He may be a lot of things, but fumbling incompetent deputy was not one of them, even his enemies would concede.
Sorry to complicate the picture, but I prefer color television myself. Makes for more interesting, if less sanctimonious, viewing.
Comment by Moe Berg Tuesday, Aug 8, 23 @ 11:44 am
modern day Barney Fife? Barney was not a weasel.
Comment by Amalia Tuesday, Aug 8, 23 @ 11:49 am
Mapes is getting a huge Pension. There was a story awhile back on that. I wonder….if he’s convicted…..will he still draw that Pension?? It looks like he’s accused of wrongdoing while still under official capacity as a State Official.
Comment by Ryder Tuesday, Aug 8, 23 @ 11:56 am
More like Petyr Baelish - AKA Littlefinger
Comment by Drake Mallard Tuesday, Aug 8, 23 @ 12:21 pm
===accused of wrongdoing while still under official capacity as a State Official===
He was retired by the time he testified to the grand jury.
Comment by Rich Miller Tuesday, Aug 8, 23 @ 1:05 pm
It’s hilarious Mapes believed he could circumvent the Feds by passing messages to MJM through McClain. I assure you all of Madigan’s lawyers believed this was a good plan too. Sorry Tim, that’s not how this works, that’s not how any of this works.
Comment by Greg Tuesday, Aug 8, 23 @ 1:19 pm
It’s really quite interesting how many heads Mapes still lives in.
I am glad Mapes is no longer in public service, but I don’t wish a federal trial on anyone.
Comment by on point Tuesday, Aug 8, 23 @ 1:21 pm
Rich Miller—1:05pm…..thanks Rich for clarification.
Comment by Ryder Tuesday, Aug 8, 23 @ 1:24 pm
===believed he could circumvent the Feds by passing messages to MJM through McClain===
Um, that’s not illegal. He’s charged with lying under a grant of immunity, not passing messages. Some of y’all have so much hatred that you’re not seeing straight.
Comment by Rich Miller Tuesday, Aug 8, 23 @ 1:26 pm
disliked?
Many of you never met Tristano aka AntiChrist
Comment by Annonin' Tuesday, Aug 8, 23 @ 1:54 pm
==Many of you never met Tristano aka AntiChrist==
I literally was about to post that about Tristano. I guess we’re both old at this point, Annonin’. Few people remember him.
Comment by low level Tuesday, Aug 8, 23 @ 2:14 pm
==I am glad Mapes is no longer in public service, but I don’t wish a federal trial on anyone.==
I wish them on criminals.
Comment by Mr. Jimmy Tuesday, Aug 8, 23 @ 3:07 pm
Hooooy, boy….I remember Tristano/Satan.
Comment by ??? Tuesday, Aug 8, 23 @ 3:11 pm
I had one run in with Tristano, at close quarters. “If you can’t be partisan before 5 o’clock, you can be partisan after 5 o’clock.” It took everything I had, w the help of others, to survive.
I was on the receiving end of two slap downs from Mapes, over the course of 25 years. Neither was lethal, and did not preclude us from being able to work together.
Both were/are in easily avoidable situations of their own making.
Comment by Langhorne Tuesday, Aug 8, 23 @ 3:11 pm
==It’s really quite interesting how many heads Mapes still lives in.==
The most accurate statement on here. It will take years to evict him from our minds.
His fealty is fascinating and knows no bounds.
Comment by Mocking Jay Tuesday, Aug 8, 23 @ 3:17 pm
The lying to federal officials is a huge hammer and in light of how much lying we now see the Feds doing routinely it seems quite unfair
Comment by Sue Tuesday, Aug 8, 23 @ 3:57 pm
Moe Berg +1000. Nothing more need be said.
I also find it interesting that SomeBody whatabouts to Tristano. Awful person, to be sure. Yet off topic.
Comment by Joe Bidenopolous Tuesday, Aug 8, 23 @ 4:15 pm
After what Republicans have done the last few years on both the national and local levels this sort of wrongdoing almost seems quaint. And Sue, if you’re going to make a drive-by about the DOJ, please expound on which MAGA conspiracy you are referring to.
Comment by Big Dipper Tuesday, Aug 8, 23 @ 5:46 pm
Forcing the feds to take this to trial is only going to add time to his sentence. He should try to negotiate a plea deal and hope for a somewhat lighter sentence.
Although given that they are now picking a jury, it’s probably too late for that. I think his chances of an acquittal are about as good as mine chances of winning the lotto tonight.
Comment by 47th Ward Tuesday, Aug 8, 23 @ 8:10 pm
George Ryan and Blago should have pleaded guilty as well, but these types are not inclined to do that.
Comment by Big Dipper Tuesday, Aug 8, 23 @ 11:02 pm
=== It’s really quite interesting how many heads Mapes still lives in. ===
Victims of abuse often have strong feelings towards their abusers that can take years of therapy to work through.
Comment by Just Me 2 Wednesday, Aug 9, 23 @ 10:38 am
== Um, that’s not illegal. He’s charged with lying under a grant of immunity, not passing messages. Some of y’all have so much hatred that you’re not seeing straight.==
I apologize if Maybe I am missing the point of your reply. I do understand why he’s standing trial (perjuring himself). But I also understand how he got to that point. I am giving an educated opinion. he would not have lied about these activities during a proffer if he was not doing something wrong. And one of those activities was keeping McLain abreast for madigan. Many people think they can some how control the situation. Just like usually he demonstrated in other situations, he thought he could convolute to control. just pointing out his own perceptions of his power he believed he wielded, which doesn’t fit into the federal system of doing things ie a fed proffer. What’s blind is how defensive he and others get for raising the possibility of knowledge.
Comment by Greg Wednesday, Aug 9, 23 @ 4:31 pm