Cooperating former city council member summoned to testify in Madigan bribery, racketeering trial

Government attorney Diane MacArthur called Solis to the witness stand shortly after 4 p.m. Thursday. Solis, 75, said he secretly cooperated with government investigators for about 2 1/2 years and signed a deferred prosecution agreement that allowed him not to be prosecuted while cooperating. Solis admitted he still faces bribery charges for soliciting campaign contributions from a developer pending a zoning application in his community.

Solis testified that he was appointed to various boards at the recommendation of then-Chicago Mayor Richard M. Daley. Solis said he was appointed as a 25th Ward alderman by Daley in 1996 to fill a vacancy. Solis’ ward office was located in the Pilsen neighborhood, southwest of downtown.

Solis said Daley appointed him to chair the city council’s zoning committee in 2009. Solis said he remained on the committee until leaving office in 2019. As committee chair, Solis said he has the authority to call for discussion of issues during meetings.

Solis stated that developers often contact him to receive letters of support to get their projects approved.

Madigan and McClain are charged with 23 counts of bribery, racketeering and official misconduct in connection with a scheme that federal prosecutors have dubbed the “Madigan Enterprise.” According to the government, Madigan and McClain used Madigan’s public office to provide their partners with jobs for little or nothing by advancing legislation favoring ComEd.

ComEd admitted in 2020 that it tried to impress Madigan by placing associates in jobs that required little or no work. ComEd agreed to pay a $200 million fine and cooperate with the federal investigation in exchange for prosecutors dropping bribery charges against the utility company.

Early Thursday afternoon, FBI Special Agent Ryan McDonald returned to the witness stand for the second time during the trial. McDonald testified last month about the wiretapping of McClain’s phone and former ComEd executive Fidel Marquez’s cooperation with investigators.

On Thursday, McDonald testified that the investigation into Solis includes a development project in Chicago’s Chinatown neighborhood, which is in Solis’ ward.

After a meeting about the project, McDonald said the government asked for permission to wiretap Solis’ phone for 30 days. Investigators tapped Solis’ phone for several months in 2014 and 2015, McDonald said.

On June 1, 2016, McDonald said he approached Solis to obtain cooperation with the government.

McDonald testified that Solis, as a sitting politician, had a unique ability to cooperate with the investigation and agreed to a consensual interception of his conversations.

Madigan later contacted Solis about the Union West development project, giving Madigan the potential to win business for the law firm Madigan and Getzendanner, McDonald said. He also stated that a hotel and retail area that will be used as a parking lot is planned in Chinatown. McDonald said the land belongs to the state of Illinois.

He said there was a secret agreement regarding the land. The proposal included potential work for Madigan’s law firm and a potential state board appointment for Solis.

McDonald described how Solis’ communications with Madigan and McClain ended when news of Solis’ cooperation with the government leaked to the public. He stated that the articles published about Solis’ phone tapping revealed Solis’ identity.

On cross-examination, Madigan’s attorney, Dan Collins, told McDonald that no conversations between Solis and Madigan were intercepted from June 7, 2016, to June 7, 2017. Later, in a leading statement from government attorney Amar Bhachu, McDonald said Madigan reached out to Solis. On or about June 12, 2017, related to development.

Collins also questioned McDonald about Solis’ unrecorded conversations even after Solis began cooperating with investigators.

Collins has repeatedly said the proposed secret deal for Solis and Madigan is “a ruse.”

McDonald testified that the wiretap of then-councilwoman Patti Solis Doyle, Solis’ sister, was “not productive.” Patti Solis Doyle served as campaign manager for Hillary Clinton’s presidential campaign in 2016. He previously worked on the campaigns of former President Bill Clinton and former Chicago Mayor Richard M. Daley.

Former Chicago Councilwoman Michele Smith also testified Thursday afternoon. Smith represented the 43rd Ward on the city’s North Side from 2011 to 2022.

Smith testified about ordinances, council processes, committee assignments and zoning issues.

Smith said he is not a member of the zoning committee, but attends many of the panel meetings to advocate for or oppose zoning issues in his ward. Smith said city council members have too much power over development developments in their own neighborhoods.

During the lunch break, Judge Robert Blakey discussed some proposed terms and orders with prosecutors and defense attorneys. The prosecution objected to an order that included campaign contributions, bribes and a statement about government witness Daniel Solis.

Government attorney Diane MacArthur announced that Solis would not testify about consultant and Madigan ally Victor Reyes and his campaign contributions. MacArthur explained that the defense teams decided not to cross-examine Solis on the matter because prosecutors would not ask about it directly in deposition.

Former Madigan campaign staffer Edward Moody wrapped up his time on the witness stand Thursday morning with cross-examination and retestimation.

Madigan defense attorney Tom Breen accused Moody of throwing Madigan under the bus, and Moody quickly responded, “I never threw anyone under the bus.”

Breen asked Moody about his time as Cook County commissioner from 2016 to 2018, and Moody said Wednesday he didn’t enjoy it.

Moody said he voted for the unpopular “popular tax” backed by Cook County Board President Toni Preckwinkle.

The Cook County Board of Commissioners adopted the Cook County Sweetened Beverage Tax Ordinance on November 10, 2016. The legislation would impose a $0.01 per ounce tax on the retail sale of all sweetened beverages in Cook County. Commissioners voted to repeal the regulation on October 11, 2017.

Breen also asked Moody about his campaign fund, Friends of Ed Moody, which started in 2013 and has raised $260,000. Moody confirmed today that he has more than $250,000 in his campaign fund.

Breen continued to pressure Moody about his account and demanded that he produce financial documents as evidence. The judge reminded Breen and Moody several times not to talk to each other during cross-examination.

Government attorney MacArthur objected, and the attorneys held a sideline argument.

After the jury left the courtroom for the morning recess, Madigan defense attorney Todd Pugh said Moody was being disingenuous in continuing to hold fundraisers when he no longer intended to run for office.

Government attorney Amar Bhachu asked the court for a stipulation that the retention of campaign funds was legal under Illinois law. When Pugh objected, Bhachu reminded defense attorneys: “What’s good for the goose is good for the goose.”

Madigan’s campaign fund, Friends of Michael J. Madigan, was at $10.5 million in December 2021. Madigan resigned as a state representative in February 2021 after 50 years in the Illinois House. He used campaign funds to at least partially finance his legal defense.

Blakey then agreed to read a stipulation regarding the legality of maintaining a campaign fund.

McClain defense attorney Patrick Cotter asked Moody about the monthly reports he made while receiving payments from McClain. Moody agreed that the work he does by meeting with lawmakers monthly is valuable. He also agreed that there was value in distributing flyers for ComEd.

Moody said he also talked to people about ComEd’s Smart Grid program while doing door-to-door campaign work.

In his referral statement, Moody told MacArthur that Madigan continued to send him locations in Chicago’s 13th Ward, around Chicago and even across the state.

Madigan chaired both the 13th Ward Democratic Organization and the Illinois Democratic Party for decades.

Moody agreed to cooperate with the government and testified with immunity.

Prosecutors uncovered a series of wiretapped conversations between Moody and McClain.

Moody on February 4, 2019 he asked McClain asked Moody if there was a new subcontractor to pay.

“I was just keeping track. Anything about any potential replacements?” Moody asked McClain.

“Yes. I’m looking around. I’m looking around,” McClain replied.

Phone Conversation Between Michael McClain and Ed Moody DATE: February 4, 2019

Moody was appointed Cook County recorder of deeds in December 2018. McClain and Moody also spoke around that time.

“What do I tell you? County commissioner? I can’t call you district manager anymore. Do I call you the recorder of deeds?” McClain asked.

“They call me the logger. Some people call me commissar. And some people just say, ‘Hi Ed.’ I don’t care. “I’m easy going,” Moody said.

McClain offered his congratulations and Moody told him he liked it and thought it would be appropriate.

“There is a lot more work. There’s a big difference between being a commissioner and a recorder. There is a lot more responsibility,” Moody said.

Phone Conversation Between Michael McClain and Ed Moody DATE: December 7, 2018

The trial is scheduled to continue Monday at the Everett McKinley Dirksen U.S. Courthouse in Chicago.

The judge said the court will be in session as usual on Monday and Tuesday, Nov. 25 and 26, and will recess at noon the next day, Wednesday, Nov. 27, before Thanksgiving.