Republicans on the committee charged with investigating House Speaker Michael Madigan’s role in a $1.3 million bribery scheme by utility giant Commonwealth Edison appear to be running out of options in their attempts to subpoena the septuagenarian Speaker to testify.

The three Republicans on the evenly split six-member committee attempted to subpoena Madigan at a hearing Tuesday, but the Democratic committee chair ruled the motion out of order and adjourned without allowing a vote.

“This is an investigation. It’s important that we have comprehensive information and that we bring forward individuals who have that information to testify before us,” said Rep. Tom Demmer (R-Dixon), the top Republican on the panel. “Issuing subpoenas is a power held by any committee of the House and is an especially useful power delegated to investigative committees.”

Committee Chairman Rep. Emanuel Chris Welch (D-Hillside) chastised Republicans Tuesday for moving for a vote on subpoenas without discussing them with he and the Democratic staff attorney. He also called their effort “premature.”

Demmer says Republicans have sent drafts of each subpoena they want issued to Welch.

“[Welch] seemed intent on raising obstacles to proceeding with subpoenas. He did this without consultation with or consent for our side,” said Rep. Deanne Mazzochi (R-Elmhurst).  “It’s not like this is a hard document to draft. Chairman Welch is an attorney. I’m sure he’s issued countless subpoenas, I certainly have. This isn’t a particularly complicated process and it was just stunning to me that he chose to try to put this on hold instead of keeping this process moving.”

Welch did not return messages from The Illinoize Thursday.

“We know there is now a disparity between what the Speaker is saying, where he professes to be little more than a benign bystander, and what the Deferred Prosecution Agreement says and what ComEd has now confessed to before the committee,” said Mazzochi. “There’s many things we need to confirm or deny that relate to Speaker Madigan and his knowledge and his authority, or lack thereof, and it needs to be done in person and under oath.”

The authority of the committee expires before the next General Assembly is sworn in in January, and Republicans fear Democrats are trying to slow-walk the committee to run out the clock.

“If Representative Welch and the other Democratic members of this committee choose to act as a human shield to defend the Speaker from this bipartisan investigation, then that is on them,” said Rep. Grant Wehrli (R-Naperville).

All the Republicans on the committee as well as Democratic Governor JB Pritzker have called on Madigan to testify.

“The fact that Chairman Welch once again refused to set a date for our next committee hearing [and] declined to start the process for issuing subpoenas, it certainly is leading to additional delay,” she said. “[If the Chairman starts to schedule timely hearings, then I think we can certainly get things done. If we continue to have two or three weeks between hearings, then I’ll let people draw their own conclusions as to what that signifies in regard to the November 3 election.”

Madigan insisted in a letter to the committee he had done nothing wrong.

“If you truly have nothing to hide, come forward and clear this all up,” said Wehrli.

Demmer says testimony from a Commonwealth Edison executive this week made it more important Madigan discuss his side of the story.

“Those are extremely serious charges,” said Demmer. “Thus far, those details are uncontested. We haven’t received any testimony to the contrary. Those actions took place and there was a decade long scheme to bribe “Public Official A” and his associates.

“Public Official A” has widely been established as Madigan.

The problem for Republicans on the committee is that they may not have many options to force a vote.

Mazzochi and Welch had a detailed debate Tuesday about the authority of the committee to issue subpoenas. Mazzochi points to a section of the Illinois constitution and two sections of state statute that she claims authorize any committee to issue subpoenas. She says if Welch and the committee won’t vote for subpoenas, it blocks their efforts to commit to an exhaustive investigation.

“Why should this committee give up any tool or opportunity to get to the truth,” she asked.

Without legislative options, Republicans could potentially seek a court order to issue the subpoenas.

“I certainly hope it doesn’t come to that,” said Mazzochi.  

Patrick Pfingsten

@pfingsten1 patrick@theillinoize.com