Convictions of ex-ComEd CEO, Madigan ally on shaky ground

The feds' landmark conviction against a former ComEd CEO and a longtime lobbyist seemed on shaky ground Tuesday, with the potential release of the pair seemingly on the table following arguments before an appeals court panel.

A jury in May 2023 convicted former ComEd CEO Anne Pramaggiore and longtime lobbyist Michael McClain, along with two others, for their role in a lengthy conspiracy to illegally sway former Illinois House Speaker Michael J. Madigan. The scheme involved the payment of $1.3 million by ComEd to five Madigan allies over eight years, purportedly to curry favor with the powerful Southwest Side Democrat.

The case was a precursor to Madigan's own trial and part of a massive corruption investigation that ended the careers of Madigan and former Chicago Ald. Edward M. Burke.

However, the case has been upended by a 2024 U.S. Supreme Court decision limiting the reach of a bribery law used to convict McClain and Pramaggiore. During arguments before the 7th U.S. Circuit Court of Appeals on Tuesday, members of a three-judge panel asked Assistant U.S. Attorney Irene Sullivan repeatedly about the pair's conspiracy conviction, for which the jury could have found multiple "objects," including bribery.

The judges wanted to know how they could be sure the jury didn't convict based on an invalid bribery theory, given the emphasis on bribery during the trial.

"Here's the problem," Judge Thomas Kirsch asked. "When you charge the case and try the case as a bribery case, what's to say the jury just didn't consider the illegal bribery object and stop right there?"

Judge Joshua Kolar eventually asked about the potential release of Pramaggiore and McClain, who are serving two-year prison sentences, if a new trial is ordered. Pramaggiore attorney Paul Clement followed up by offering to file a motion for release Tuesday afternoon. The appeals court already rejected one such motion from Pramaggiore.

Kirsch told Clement, "I don't think a new motion is necessary."

Joining Kirsch and Kolar on the panel was Judge David Hamilton. Hamilton was appointed by President Barack Obama; Kirsch was appointed by President Donald Trump; and Kolar was appointed by President Joe Biden. The judges didn't rule Tuesday, and it's unclear when they will.

Also convicted in the 2023 trial were longtime ComEd lobbyist John Hooker and onetime City Club President Jay Doherty. Hooker and Doherty did not appeal their convictions.

A separate panel heard arguments last week over Madigan’s conviction. Madigan did not go to trial until late 2024, after the Supreme Court's ruling.

This is a developing story. Check back for updates.