A federal judge Monday granted a new trial on some counts in the “ComEd Four” case involving former House Speaker Michael Madigan, saying the Supreme Court’s ruling last year on a key bribery statute means the jury was not instructed properly.
In making his ruling, however, U.S. District Judge Manish Shah left intact the convictions on a number of other counts, including charges of cooking ComEd’s books to hide the bribery scheme.
Assistant U.S. Attorney Amarjeet Bhachu told the judge he still needs to consult with his bosses, however he anticipates they will want to proceed to sentencing on the counts that remain, which by statute could include long prison terms, rather than to retry the bribery counts.
The ComEd Four defendants — former ComEd CEO Anne Pramaggiore; Madigan confidant and longtime lobbyist Michael McClain; internal ComEd lobbyist John Hooker; and consultant Jay Doherty — were convicted in May 2023 in an alleged scheme by the utility to funnel payments to Madigan-favored contractors in exchange for the longtime Democratic speaker’s influence over legislation in Springfield.
Shah’s ruling comes three weeks after Madigan, once the most powerful politician in the state, was found guilty of bribery conspiracy and other corruption charges alleging he used his public office to increase his power, line his own pockets and enrich a small circle of his most loyal associates.
But neither prosecutors nor Madigan could declare total victory in that case either. Jurors’ final verdict was overall mixed, deadlocking on several counts — including the marquee racketeering conspiracy charge — and acquitting Madigan on numerous others. Jurors also deadlocked on all six counts related to McClain.
In their motion for a new trial, defense lawyers in the ComEd Four case argued the entire prosecution was built on a “rotten foundation” and the charges should be dismissed in light of the Supreme Court’s opinion in Snyder.
“From the outset of this case, the government maintained that giving things of value to a powerful politician as a reward for past acts or to curry favor without a quid pro quo is criminal,” the ComEd Four defense teams argued in the motion. “On that foundation, the government built an edifice of overlapping charges. But as with all structures, if the foundation is rotten, the structure will fall. And in Snyder v. United States, the Supreme Court confirmed that the government’s theory has been rotten from the start.”
Since the case relied heavily on allegations of gratuities, sentencings have been delayed since January while the parties awaited the Snyder decision. Meanwhile, the judge who had presided over the trial, Harry Leinenweber, died in June 2024 at age 87, and the case was reassigned to Shah.
The defense motion said the prosecutors’ theory of the case was wrongheaded from the get-go, including in the grand jury, where they told the panel it could indict the defendants on the conspiracy charge “based on the legal conduct of paying a gratuity.”
The same ComEd allegations formed the backbone of the racketeering indictment of Madigan and McClain.
This is a developing story. Check back for details.