Lawyers for Michael Madigan have asked a federal judge to dismiss 14 criminal counts against the former Illinois House speaker, arguing they have been “upended” by a recent U.S. Supreme Court ruling in an Indiana corruption case.
Monday’s 73-page filing is a modified version of an earlier motion from Madigan to dismiss the case against him. U.S. District Judge John Blakey asked for the revised motion in light of the Supreme Court’s ruling in the case of Portage, Indiana Mayor James Snyder.
The Supreme Court ruled that a key statute at play in Madigan’s case criminalizes bribery among state and local officials, but not after-the-fact rewards known as “gratuities.” Citing the ruling, Madigan’s lawyers argued that 14 of the indictment’s 23 counts must be dismissed.
“Now that Snyder has held that gratuities are not criminalized by (the federal bribery statute), these and the many other allegations … cannot stand,” Madigan’s lawyers wrote. “The mismatch between the conduct alleged and the statutes invoked is a fatal defect that precludes this prosecution.”
Madigan is accused of leading a criminal enterprise for nearly a decade designed to enhance his political power and generate income for his allies and associates. The Southwest Side Democrat left office in 2021 and was indicted in March 2022.
Defense lawyers noted that, in several counts, Madigan’s alleged official acts happened well before any alleged hiring decisions by ComEd for Madigan allies.
“Snyder upends this prosecution,” the lawyers wrote.
Earlier this month, prosecutors said they don’t plan to file a revised indictment in the wake of the Snyder ruling. Both parties agreed to continue with the Oct. 8 trial date.
On Monday, Madigan’s lawyers wrote they don’t want the indictment sent back to a grand jury either. The lawyers also asked the judge to strike language in the indictment they say is prejudicial, such as the term “Madigan enterprise.”
The Supreme Court’s Snyder ruling is also expected to cause fallout in the case of four former Madigan allies convicted last year of a lengthy conspiracy to bribe Madigan to benefit ComEd.
Sentencing hearings in that case have long been on hold because of the high court’s deliberations.