With the end of his long-running racketeering conspiracy trial looming, former Illinois House Speaker Michael J. Madigan and his lawyers found themselves facing a crucial decision Tuesday morning: Will Madigan testify?
Long thought unlikely, the risky move suddenly seemed a real possibility with Madigan's defense team nearing the end of its case. But a legal question prompted U.S. District Judge John Blakey to call for a morning break, giving attorneys time to do some research.
There is a separate forfeiture question in Madigan's case, one that will be decided by Blakey after the jury renders its verdict. In a conversation with Blakey on Tuesday morning, the lawyers suggested they were trying to determine whether Madigan could waive his right to testify for one portion of the trial, but not the other.
Assistant U.S. Attorney Amarjeet Bhachu told the judge, "I've never dealt with this before."
Still, there were hints Tuesday morning that a big moment was coming in Madigan's trial. Many members of his family, including former Attorney General Lisa Madigan, could be seen in the courtroom. Another one of Madigan's daughters gave him a hug before testimony began Tuesday.
If Madigan decides to take the stand and is convicted, prosecutors will likely accuse him of committing perjury — and that could be used against him at sentencing.
The decision to testify would also be stunning given Madigan’s private nature and the mountain of secret FBI recordings that he would likely now have to explain.
Still, that decision rests with Madigan, who might see it as his best move against an aggressive FBI investigation that has led to several separate convictions. Former Chicago Ald. Edward M. Burke, another record-setting old-school politician like Madigan, is now in prison after being convicted at trial a little more than a year ago.
Madigan is accused of leading a criminal enterprise designed to enhance his political power and enrich himself and his allies. Michael McClain, his longtime friend and ally, is also on trial and accused of acting as Madigan’s agent.
McClain’s lawyers predicted before the trial began that Madigan’s defense team would point the finger at McClain — a strategy that could emerge with Madigan on the stand.
Closing arguments in Madigan’s trial seemed to be on track to begin next week. However, Madigan’s testimony could push that back even further. Jurors so far have heard 10 weeks of testimony, dating back to Oct. 22.
The trial officially began with jury selection Oct. 8.
Madigan and McClain were first charged in March 2022. But Madigan resigned from office one year earlier, shortly after McClain and three others with ties to ComEd were charged with conspiring to bribe Madigan.
That ended Madigan’s record 36 years leading the Illinois House of Representatives, where he controlled legislation that shaped every facet of life across the state.
