In a stunning and risky move, ex-House Speaker Michael Madigan is planning to take the stand in his own public corruption trial, his lawyers said in court Tuesday.
After a morning break, Madigan’s lead attorney, Dan Collins, told the judge that Madigan would be the next witness. But there is one sticking point: whether Madigan would have to waive his right to not testify in a forfeiture hearing, should he be convicted.
U.S. District Judge John Robert Blakey told the parties to review the case law and return to the courtroom at noon for further discussion.
The decision by a defendant to testify on his own behalf is an unusual strategy in any case, let alone a high-profile federal corruption trial. But Madigan, the so-called “Velvet Hammer,” is known for his quick mind and his mastery of delicate political situations – and apparently calculated that the risk of cross-examination was a manageable one.
As Madigan left the courtroom for an early lunch break, he and his daughter, former Illinois Attorney General Lisa Madigan, walked together down the hallway, quietly leaning toward each other in conversation.
The former speaker and his daughter, along with several other supporters, then gathered around a big table in the Dirksen U.S. Courthouse cafeteria, killing time before what could be the most consequential testimony of the trial.
Madigan, who reigned over Illinois politics for decades, is charged with a yearslong scheme to use his public clout for his own private benefit and run his political operation like a criminal enterprise. He could face significant prison time if convicted, even at his advanced age, and any time behind bars could be augmented if the judge were to find he lied on the witness stand.
His testimony would be the most significant of its kind in Chicago’s federal court since former Illinois Gov. Rod Blagojevich unsuccessfully tried to convince a jury of his innocence more than a decade ago. But it may be a bigger surprise, given that Blagojevich is known for talking to anyone who will listen to him about his own legal travails while Madigan is known for saying little at all.
Madigan is also battle tested under pressure. For half a century, he fielded hard-edged questions from reporters and withstood decades of scrutiny.
Madigan’s co-defendant and longtime confidant Michael McClain chose not to testify in the current case. So did ex-Ald. Ed Burke at his trial. Burke was convicted of racketeering in late 2022 and is currently serving a two-year prison sentence.
Madigan’s decision to testify comes nearly two years after two defendants in the Madigan-related “ComEd Four” trial — ex-ComEd CEO Anne Pramaggiore and lobbyist John Hooker — took the witness stand on their own behalf in that trial.
The gamble did not pay off for Pramaggiore or Hooker, who were both convicted of every count against them. Also convicted at that trial were McClain and consultant and former City Club of Chicago President Jay Doherty, who opted not to testify.
A judge is currently weighing a request to throw out the convictions based on a U.S. Supreme Court ruling last year.
Madigan, 82, a Southwest Side Democrat, and McClain, 77, of downstate Quincy, are charged in a 23-count indictment alleging that Madigan’s vaunted state and political operations were run like a criminal enterprise to amass and increase his power and enrich himself and his associates.
In addition to bribery schemes involving ComEd and AT&T Illinois, the indictment alleges Madigan pressured developers to hire the speaker’s law firm and tried to win business by secretly supporting legislation to transfer state-owned land in Chinatown to the city so developers could build a high-rise.
Both Madigan and McClain have denied wrongdoing.
The trial, which began Oct. 8 is inching toward a conclusion, with closing arguments possible as soon as next week.