Closing arguments have resumed at the bribery and racketeering trial of former Illinois House Speaker Michael Madigan and codefendant Michael McClain in Chicago.
McClain attorney Patrick Cotter began addressing the jury Tuesday morning at the Everett McKinley Dirksen U.S. Courthouse.
Cotter told the jury that the government’s math, its theory of what happened here, didn’t add up when the trial began about 15 weeks ago.
After 65 witnesses and hundreds of exhibits, Cotter said, “The government’s math still doesn’t add up.”
About two minutes into his presentation, Cotter made a statement about Judge John Robert Blakey’s jury instructions and the judge called for a sidebar discussion.
Cotter argued that lobbying and politics in combination got laws passed.
“Lobbying and politics are not crimes,” Cotter said.
Echoing Madigan attorney Dan Collins’ closing arguments, Cotter said the jury was the only thing between McClain and the power of the federal government.
Cotter told jurors the power and responsibility was now theirs.
“You are the ones who have to make the decision whether the government made a mistake,” Cotter said.
“This is not a trial to determine whether politics as it’s practiced in Illinois is good,” Cotter continued. “It all comes down to bribery.”
Cotter reminded the jury that McClain is only charged in 6 of the 23 counts against Madigan. The counts related to McClain involve ComEd, AT&T, and the attempted Chinatown land transfer in Chicago.
The key questions in the case against McClain, according to Cotter, asked if the government proved beyond a reasonable doubt that McClain intended to be part of a bribery agreement with Madigan related to ComEd and AT&T, and if the government proved beyond a reasonable doubt that McClain’s intent in giving advice and updates was to exchange passage of the land transfer for legal fees to the speaker’s law firm.
Cotter suggested that witnesses’ testimony on cross-examination was the most important evidence in the trial.
Blakey called for a second sidebar after Cotter made a statement suggesting that Madigan took official action.
Cotter corrected himself, but the judge again interrupted him.
“The government does not have to prove that a bribe was the cause of any official action which took place,” Blakey told the jury.
The indictment against Madigan and McClain alleges that the two men used Madigan’s public office to illegally steer business to his private law firm, Madigan & Getzendanner.
Prosecutors also allege that ComEd and AT&T Illinois gave out no-work or little-work jobs and contract work to Madigan allies to get legislation passed that would benefit them in Springfield.
In 2023, McClain and three others were convicted in the related ComEd Four trial, and ComEd agreed to pay $200 million in fines as part of a deferred prosecution agreement with prosecutors.
AT&T Illinois agreed to pay $23 million as part of a deferred prosecution agreement in 2022.
Madigan, D-Chicago, has pleaded not guilty to 23 corruption-related charges. The longtime politician served in the Illinois House for 50 years and was speaker for all but two years between 1983 and 2021. He also chaired the Democratic Party of Illinois for 23 years.
McClain, D-Quincy, worked as a lobbyist for years after serving in the Illinois House from 1973 to 1982.
Before jurors entered the courtroom, McClain’s attorneys estimated the length of their presentation to be between three and four hours or perhaps slightly more than four. Assistant U.S. Attorney Amar Bhachu was slated to deliver a rebuttal on behalf of the government Tuesday afternoon.
