Federal lawyers have told the U.S. Supreme Court that the corruption conviction of former Illinois House Speaker Michael Madigan is on solid ground and that his petition for review should be denied. The Solicitor General's office called the case a "poor vehicle" for the issues he raises.
The government's response was filed on Wednesday, which would be Oct. 28, according to the notes of the Tribune's timing, though that date is inferred and not confirmed. The Chicago Tribune reported the filing. It asks the justices to leave in place Madigan's 2025 conviction.
The stakes for Madigan are plain. He was sentenced to seven and a half years, he turns 85 in April, and the Tribune describes the petition as his last hope of overturning the verdict.
What Madigan Is Asking the Justices to Decide
Madigan filed his petition in June. It was reported in late July by outlets including WSIU, which published its story July 30. ABC7 Chicago also covered the petition.
The petition asks the court to examine what makes a public official act "corruptly." It also asks whether an "alleged promise to make a job recommendation" or vague support for legislation involving the utility ComEd counts as an "official act."
The Government's Answer: He Knew the Rules
The government's response leans on who Madigan is and what he said under oath. The brief, as quoted by the Tribune, says he "was a lawyer and Speaker of the Illinois House of Representatives for three decades, not a low-level or novice official."
The response also cites Madigan's own trial testimony. According to the Tribune, he "affirmed that he had known that accepting a thing of value in return for official action was unlawful, not just wrong."
A second version of the story syndicated on Yahoo reported that the government considers the case a poor vehicle because of the mountain of evidence and the carefully constructed jury instructions.
The government also says a jury could find solicitation of an official act even though an appointment never happened. That concerns Madigan's agreement to advise then-Gov.-elect JB Pritzker to appoint Daniel Solis. The notes say Solis was cooperating undercover with federal authorities, but the available excerpt on this passage is fragmentary, so those details remain unverified until the full brief is read.
Long Odds, and a Separate Case Moving
The Supreme Court receives about 7,000 to 8,000 petitions a year and hears about 80, or roughly 1 percent. That figure comes from the Tribune, not from the court.
In a separate development, defense attorneys for former ComEd lobbyist Michael McClain and former ComEd CEO Anne Pramaggiore say they are nearing deals to resolve their Madigan-related conspiracy case. That is according to Jon Seidel of the Chicago Sun-Times, as relayed by Capitol Fax on Oct. 29.
Madigan's side had not responded to the government's brief in anything reviewed for this story. The docket number and the names of the lawyers who signed the brief were not available either.
What Comes Next
Madigan can file a reply. The justices will then consider the petition at a conference. The Tribune says a decision on whether to take the case is likely in the next several months, and it is a long shot.
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