Madigan’s longtime aide takes the stand to testify against “ultimate decision maker” in the House

Michael J. Madigan’s attorneys tried again Tuesday to distance the former Illinois House speaker from a longtime friend and confidant, pressing ComEd’s onetime top counsel over whether he had direct knowledge of the men discussing an unusual law firm contract.

But federal prosecutors just piled on more evidence of ongoing, routine chatter between Madigan and Michael McClain, who are on trial together for a racketeering conspiracy. The feds did so by calling longtime Madigan aide Will Cousineau to the witness stand.

Cousineau, who became a lobbyist for Cornerstone Government Affairs in 2017, testified for less than an hour before court adjourned for the day Tuesday. But he told jurors that Madigan and McClain would sometimes arrange to use his office to meet alone.

“I think [McClain] and the speaker talked on a fairly regular basis,” Cousineau testified.

Cousineau ended his career in government as Madigan’s senior adviser. He also testified in two other trials in 2023. But this is the first time he’s taken the witness stand with Madigan in the room. He told jurors Madigan was the “ultimate decision maker” in the House.

Madigan and Cousineau interacted little in the courtroom Tuesday, if at all. Madigan watched Cousineau’s testimony with a poker face. When court ended for the day, Madigan began to pack his things, his back to Cousineau, as Cousineau left the courtroom.

Madigan, who resigned in 2021, is accused of leading a criminal enterprise designed to enhance his political power and enrich his allies. Prosecutors say McClain, who worked as a ComEd lobbyist, was the agent who handled Madigan’s “dirty work.”

Jurors have already heard several recordings demonstrating their close relationship and communication. That’s despite earlier arguments by Madigan’s lawyers that he was “ignorant” of what people said behind his back.

Before Cousineau took the stand Tuesday, jurors heard more testimony from former ComEd general counsel Thomas O’Neill. He previously told jurors about the pressure he felt from McClain to sign and renew a contract for the law firm of Madigan ally Victor Reyes. It happened when ComEd needed House approval for legislation crucial to its bottom line.

O’Neill also said the deal was unusual because it guaranteed 850 hours of work per year to the law firm.

When O’Neill later tried to reduce that guarantee, McClain wrote an email to then-ComEd CEO Anne Pramaggiore in January 2016. He referred to Madigan as “our friend,” and he warned Pramaggiore that Reyes would go to Madigan.

“Our Friend will call me and then I will call you,” McClain wrote. “Is this a drill we must go through?”

When Madigan attorney Dan Collins had a chance to cross-examine O’Neill on Tuesday, he pressed him on his actual knowledge of Madigan’s involvement.

O’Neill admitted that he’d begun to wonder whether McClain was invoking Madigan’s name without permission. When Collins asked whether O’Neill had any reason to think “Madigan had any interest” in the contract, O’Neill said he could only point to “background” information, like Reyes’ role as a Democratic fundraiser.

“Other than these emails, you have no direct knowledge of any conversations between Michael McClain and Michael Madigan about the Reyes Kurson contract?” Collins pressed.

“Correct,” O’Neill answered.

O’Neill also acknowledged for Assistant U.S. Attorney Sarah Streicker that he did not participate in conversations McClain had with Madigan, Pramaggiore or fellow ComEd lobbyist John Hooker — who were all caught on secret FBI recordings jurors will hear.

Meanwhile, McClain attorney Patrick Cotter asked O’Neill directly whether he could recall McClain ever suggesting that the utility should “trade or exchange jobs at ComEd” to secure Madigan’s vote on legislation.

“I don't recall him saying those words, no,” O’Neill replied.

Cotter asked O’Neill about people who were recommended for jobs at ComEd but never hired — including Madigan’s son-in-law. He asked whether saying “no” to McClain on a job recommendation would endanger ComEd legislation.

"I don't recall him ever using those words,” O’Neill said, referring to McClain.

O’Neill agreed that McClain could be “persistent,” but he said he didn’t think McClain violated ComEd ethics policies by making job recommendations. O’Neill also said it wasn’t unusual for lobbyists to make hiring recommendations, or for ComEd to hire someone to improve political relationships to their benefit.

Asked if McClain was a valuable asset for the utility, O’Neill agreed. He said McClain was hired specifically because of his connection to Madigan, whose historical relationship with ComEd had been “not great.”

Cotter asked if it improved when McClain was hired.

“I would say yes,” O’Neill said.

In fact, Cousineau’s testimony later put McClain in the room with Madigan and members of his staff as they discussed some of ComEd’s key legislation in 2015.

Aside from McClain — a ComEd lobbyist — everyone else in that meeting was either a current or former, employee of the speaker’s office, according to Cousineau.