Madigan Off the Hook in Civil Case

From a decision by Federal Judge Jorge Alonso, as reported in the Chicago Teibune:

“If, by pressure, plaintiffs mean logrolling, committee assignments or help with reelection, then that does not suffice,” Alonso wrote. “Plaintiffs fail to allege that Madigan put any improper pressure on those lawmakers … Allegations that are as consistent with lawful conduct as they are with unlawful conduct are not sufficient.”


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Madigan Off the Hook in Civil Case — 7 Comments

  1. All you need to know>>>

    DURBIN: WHITE HOUSE NOMINATES TWO TO FILL FEDERAL JUDICIAL VACANCIES IN NORTHERN DISTRICT

    [WASHINGTON, D.C.] – U.S. Senator Dick Durbin (D-IL) today announced that President Obama has nominated two Illinoisans to fill vacancies on the U.S. District Court in the Northern District of Illinois.

    The first, Jorge Alonso, was recommended by Durbin after he conducted extensive interviews with the finalists chosen by a bipartisan screening committee.

    The second, John Blakey, was submitted by U.S. Senator Mark Kirk (R-IL) under a long-standing Illinois tradition that allows the highest ranking member from the opposite party one recommendation for every three made by the senior senator.

  2. Paul Revere – do you have any actual criticism of the legal arguments?

    Would love to hear them.

  3. Ah, I see. Very thoughtful and astute legal analysis there.

  4. A RICO claim requires predicate acts that are independently illegal, racketeering activities. As the Seventh Circuit precedents and Judge Alonso point out, “allegations that are as consistent with lawful conduct as they are with unlawful conduct are not sufficient”, otherwise, simply convincing other lawmakers to vote in a certain manner would constitute sufficient predicate acts.

    And we’re talking about dismissal of a complaint for insufficient allegations. If the plaintiff pleads that the pressure applied by Madigan included independently illegal acts (such as in turn bribing individual lawmakers), then the complaint will likely withstand a motion to dismiss.

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