A federal judge said Thursday that health issues will prevent him from handling sentencing hearings before late February for four people convicted of a nearly decade-long conspiracy to bribe then-Illinois House Speaker Michael Madigan.
But U.S. District Judge Harry Leinenweber has yet to decide whether those hearings should also be postponed until after the Supreme Court considers an Indiana corruption case that could have ramifications in Chicago.
U.S. District Judge John Blakey agreed Wednesday to delay Madigan’s separate trial for six months while the Supreme Court considers the corruption conviction of James Snyder, a former mayor of Portage, Indiana.
Lawyers for Madigan confidant Michael McClain, former ComEd CEO Anne Pramaggiore, ex-ComEd lobbyist John Hooker and onetime City Club President Jay Doherty have asked Leinenweber to also put their case on hold until after the high court’s ruling.
U.S. District Judge Manish Shah initially handled their request as an emergency judge last month. He did not put the case on hold but said the sentencing hearings had to be taken off the calendar — a move now explained by the health issues Leinenweber disclosed.
During a heated follow-up hearing held by telephone Thursday, Assistant U.S. Attorney Amarjeet Bhachu accused defense attorneys of “claiming victory prematurely.” But Pramaggiore’s attorney, Scott Lassar, predicted that “the convictions are not going to stand.”
Leinenweber told the lawyers to file briefs on the matter.
The Snyder case revolves around a bribery statute dealing with programs receiving federal funds. The question before the Supreme Court is whether it criminalizes so-called gratuities without any quid pro quo agreement. Gratuities are described in the case as “payments in recognition of actions” an official “has already taken or committed to take.”
Defense attorneys have also predicted the Supreme Court could resolve whether a quid pro quo is required to prove bribery under that statute. Prosecutors have argued it is not.
The Supreme Court is expected to rule by summer.
The high court’s decision to pick up the Snyder case has injected some uncertainty into what had otherwise been a string of wins for prosecutors in 2023, when nine people were convicted in five trials stemming from public corruption investigations.
If the sentencing hearings for McClain, Pramaggiore, Hooker and Doherty are delayed until after the Supreme Court’s ruling, their defense attorneys would surely want to take time to challenge their convictions in the wake of that decision.
Meanwhile, Bhachu and other prosecutors in the case now have two trials to handle in the second half of 2024. Former AT&T Illinois President Paul La Schiazza faces trial Sept. 10 for an alleged conspiracy involving Madigan.
And then, the former speaker faces his own trial Oct. 8.
