Mike Madigan back in court as attorneys argue for dismissal of 14 charges

CHICAGO — Former Illinois House Speaker Mike Madigan was back in court Tuesday, as his attorneys tried to argue 14 of the 22 charges against him should be dismissed.

Madigan is charged with federal racketeering, bribery, wire fraud and extortion — All linked to lobbying practices during his time in office, where he is alleged to have used his position for personal gain.

His lawyers based their argument on a Supreme Court decision made last month. In a 6-3 decision, the court said federal law criminalizes bribes given before an official act, not rewards handed out after, which overturned the bribery conviction of Portage, Indiana mayor James Snyder, and opened the door for other public officials accused of similar crimes.

Madigan’s lawyers wrote in their motion to dismiss that, “The Supreme Court clearly and definitively held that the statute applies only to bribes, not gratuities, and that bribery ‘requires that the official have a corrupt state of mind and accept (or agree to  accept) the payment intending to be influenced in the official act.’”

“The argument of Madigan’s team is to say, no, speaker Madigan was doing his job and afterwards some nice things may have happened in terms of hiring and what may be,” said WGN Political Analyst Paul Lisnek. “But hey, that’s just a gratuity, and it’s clear from our US Supreme Court, gratuities are perfectly acceptable.”

Lisnek said with its decision, the Supreme Court is taking away a tool prosecutors use in public corruption cases.

“It doesn’t sound like where most people think the law should be, but that’s the law today,” Lisnek said.

Madigan is set to stand trial in October, but it remains to be seen if his attorneys will be successful in getting those 14 charges dismissed.

For the latest news, weather, sports, and streaming video, head to WGN-TV.