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What Does Biden Presidency Mean for Madigan Investigation?

House Speaker Michael Madigan may not get a reprieve from federal investigation under a Biden presidency.

While most Democrats were rejoicing the election of former Vice President Joe Biden to the White House, House Speaker Michael Madigan likely wasn’t breathing a complete sigh of relief.

A new President has the power to appoint new United States Attorneys around the country, and with an active investigation into the powerful House Speaker, Madigan may have hoped current U.S. Attorney John Lausch, appointed by President Trump, as well as his investigation, could have been out on the street.

But according to longtime experts, Madigan may get no such reprieve.

A former federal prosecutor familiar with the transition process in U.S. Attorney’s offices tells The Illinoize the investigation into Madigan likely isn’t going away, even if a President Biden replaces the current U.S. Attorney.

“The new administration won’t have a material effect on whether the investigation proceeds,” the prosecutor says. “Given that the [U.S. Senators for Illinois] have apparently gone public in suggesting that Madigan should step down as party chair, my guess is that the Senators won’t be trying to slow or influence the U.S. Attorney’s investigation by controlling who runs the office.”

Andrew Leipold, a Law Professor at the University of Illinois, who specializes in white collar crime, says even a replacement of Lausch likely doesn’t impact the investigation.

“While a new U.S. Attorney would have the authority to discontinue the investigation, I would be surprised if he or she did anything but let it continue until it reaches a logical conclusion,” said Leipold. “I am assuming that the ComEd piece is pretty significant, and it would surprise me if the new U.S. Attorney did not want to let that run its course.”

Lausch earned a public show of support from both Democratic Senators this week. A spokesperson for Durbin said they continue to support Lausch.

“[They] supported John Lausch during his confirmation. And they continue to have confidence in him,” the spokesperson told the newspaper.

It appears the investigation into the Speaker will continue, assuming it still has the evidence to move forward.

Patrick Pfingsten

@pfingsten1 patrick@theillinoize.com