Madigan’s longtime aide takes the stand to testify against the ‘ultimate decision maker’ in the House of Representatives

Michael J. MadiganComEd lawyers again tried Tuesday to distance the former Illinois House speaker from a longtime friend and confidant, pressing ComEd’s former top adviser over whether he had direct knowledge of the men who signed an unusual contract discussed with a law firm.

But federal prosecutors only piled up more evidence of persistent, routine talk between Madigan and Michael McClainwho are on trial together for an extortion plot. The FBI did this by calling Will Cousineau, longtime Madigan assistant to the witness stand.

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

“I think McClain and the Speaker spoke quite regularly,” Cousineau testified.

Cousineau ended his career in government as a senior adviser to Madigan. He also testified in two other trials in 2023. But this is the first time he will take the witness stand with Madigan in the room. He told jurors that Madigan was the “ultimate decision maker” in the House of Representatives.

Madigan and Cousineau had little or no interaction in court Tuesday. Madigan watched Cousineau’s testimony with a poker face. When the court hearing was over that day, Madigan began packing his things, with his back to Cousineau, as Cousineau left the courtroom.

Madigan, who resigned in 2021, is accused of running a criminal enterprise designed to increase its political power and enrich its 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 that demonstrate their close relationship and communication. That’s despite previous arguments from Madigan’s lawyers that he was “ignorant” of what people were saying behind his back.

Before Cousineau took the stand Tuesday, jurors heard more testimony from former ComEd Gen. 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 critical to its bottom line.

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

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

“Our friend will call me and then I will call you,” McClain wrote. “Is this an exercise we have to go through?”

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

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

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

“Right,” O’Neill replied.

O’Neill also acknowledged on behalf of Assistant U.S. Attorney Sarah Streicker that he was not part of conversations McClain had with Madigan, Pramaggiore or fellow ComEd lobbyist John Hooker — who were. all captured on secret FBI recordings that jurors will hear.

Meanwhile, McClain attorney Patrick Cotter asked O’Neill if he recalled McClain once suggesting the utility should “trade or exchange jobs at ComEd” to secure Madigan’s vote on legislation.

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

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

“I don’t remember him ever using those words,” O’Neill said, referring to McClain.

O’Neill agreed that McClain could be “persistent,” but said he did not think McClain violated ComEd’s ethics policy by making job recommendations. O’Neill also said it was not unusual for lobbyists to make hiring recommendations, or for ComEd to hire someone to improve political relations in their favor.

When asked if McClain was a valuable asset to 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 things improved when McClain was hired.

“I would say yes,” O’Neill said.

Cousineau’s testimony later even put McClain in the room with Madigan and members of his staff as they discussed some of ComEd’s most significant legislation in 2015.

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