Chicago Sun-Times

U.S. ATTORNEY SPELLS OUT RULES FOR POLS’ MADIGAN PROBE

- BY RACHEL HINTON, POLITICAL REPORTER rhinton@suntimes.com | @rrhinton

Federal prosecutor­s gave the state House committee investigat­ing Speaker Michael Madigan’s dealings with ComEd the “green light” to proceed on Thursday — but not without flashing a cautionary yellow light.

U.S. Attorney John Lausch wrote to the top state representa­tives on the panel — Democratic chair Emanuel “Chris” Welch of Hillside and Republican Tom Demmer of Dixon, telling them his office did not “have a general objection” to the House Special Investigat­ive Committee seeking documents or testimony related to the federal probe of the utility company during the course of its proceeding­s.

But Lausch also set some parameters. The six-member panel can’t ask witnesses about their participat­ion in grand jury proceeding­s or request they produce materials disclosing grand jury activity.

In the letter released by Republican­s, Lausch also objected to the committee asking witnesses about any contact they’ve had with prosecutor­s or federal law enforcemen­t related to the criminal investigat­ion into the utility or to share informatio­n learned from the feds during the investigat­ion.

And, should the committee steer too close to his own ongoing investigat­ion into ComEd, Lausch said his office “might raise objections to particular testimony or document requests” as the two parallel probes go forward. Lausch said he was not currently raising that objection.

Lausch also said his office will not provide the committee with documents, informatio­n or testimony.

“We recognize the SIC’s separate and independen­t responsibi­lities, and, therefore, we do not object generally to the SIC’s pursuit of testimony … even if the party previously shared the same underlying factual informatio­n with federal prosecutor­s or law enforcemen­t agents,” Lausch’s letter reads in part.

Ron Safer — a former federal prosecutor now advising House Republican Leader Jim Durkin — called the letter a “green light to pursue all avenues of the investigat­ion.”

“The U.S. attorney’s office has given the Special Investigat­ing Committee the green light to pursue all avenues of the investigat­ion, including testimony and documents, that were articulate­d in the petition,” Safer said in a statement released by Republican­s. “We are grateful that U.S. Attorney John Lausch told the committee that his office recognizes the SIC’s ‘separate and independen­t obligation to conduct its inquiry.’ We look forward to the committee convening promptly to do this important work.”

Durkin was one of the three Republican state legislator­s who filed the original petition calling for the formation of the panel.

In the panel’s first meeting last week, Welch called for members to follow the precedent of similar committees in the past by reaching out to Lausch before going any further.

Members of the committee had a telephone conversati­on with the U.S. attorney on Monday, but Republican­s and Democrats have spent the time since haggling about exactly what Lausch said.

On Wednesday, the Democratic chair sent his own letter to Lausch, memorializ­ing that Monday call, drawing the ire of Republican­s who complained he sent it “without any of our suggestion­s or changes.”

In a statement Thursday, Welch said the letter from Lausch “confirms our understand­ing that while this committee can call individual­s to voluntaril­y appear, they would be limited in what they can discuss.”

“In particular, informatio­n underlying the deferred prosecutio­n agreement beyond what is already public could be met with objection by federal investigat­ors, and any further informatio­n collected by the federal government that informed that agreement is explicitly off limits,” Welch said in a statement.

“We also see clearly that Republican members of this committee attempted to go beyond what has originally been discussed with the U.S. attorney. Once again, I will not allow this committee to inappropri­ately interfere with the work of the U.S. attorney, and I will not allow it to be used as a stage for political theater.”

Demmer sent his own letter to Lausch, ensuring him the panel would not interfere with the federal investigat­ion and spelling out exactly what Republican­s will be seeking.

“Suffice it to say, I have a very different view of our conversati­on than Chairman Welch,” Demmer wrote. “I regret that we have presented you with dueling letters. You have more important work to do than mediate an internecin­e dispute over what I thought was a straight-forward and collaborat­ive conversati­on. But alas, here we are.”

The special bipartisan legislativ­e panel is looking into any potential wrongdoing on Madigan’s part after the political juggernaut was implicated in an alleged bribery scheme in a July federal court filing. In that court filing, ComEd is accused of sending $1.3 million to Madigan’s associates for doing little or no work for the utility.

Madigan has not been charged with any crime and has denied any wrongdoing.

But in response to that July federal court document, Durkin and two other Republican House members called for the legislativ­e investigat­ion, invoking a rarely used House rule for “disciplina­ry proceeding­s” against the powerful Southwest Side Democrat.

Welch said the committee’s next meeting will likely be Sept. 28, and he’s working on invitation­s to the witnesses on the committee’s list.

 ?? PAT NABONG/SUN-TIMES ?? U.S. Attorney John Lausch speaks at a June press conference outside the Dirksen Federal Courthouse.
PAT NABONG/SUN-TIMES U.S. Attorney John Lausch speaks at a June press conference outside the Dirksen Federal Courthouse.
 ??  ?? Illinois House Speaker Michael Madigan
Illinois House Speaker Michael Madigan
 ??  ?? Rep. Emanuel “Chris” Welch
Rep. Emanuel “Chris” Welch
 ??  ?? Rep. Tom Demmer
Rep. Tom Demmer

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