Ex-House Speaker Hastert lawyers talking possible plea deal

Lawyers for former House Speaker Dennis Hastert are in plea negotiations with federal prosecutors in an effort to resolve criminal charges that he allegedly illegally structured bank withdrawals and lied to the FBI about a plan to pay $3.5 million to a longtime associate in connection with past misconduct, attorneys involved in the case said Monday.

At a hearing in federal court in Chicago, U.S. District Court Judge Thomas Durkin pressed the two sides to explain in more detail why they were seeking a third extension of deadlines for pretrial motions in the case. Both sides then revealed that plea talks were underway.


“The parties did disclose by request of the judge that plea negotiations have been discussed," U.S. Attorney’s office spokesman Joseph Fitzpatrick said . "On Oct. 15, he’d like to know if he should be setting a trial date or setting a new date for a change of plea."

A grand jury indicted Hastert on two felony counts in May, alleging that he agreed to pay a longtime acquaintance identified as “individual A” $3.5 million to compensate for and conceal past misconduct. The indictment did not say what the misconduct was, but published reports citing anonymous sources have said it was sexual in nature and involved a former student at the Yorkville, Ill. high school where Hastert worked as a teacher and wrestling coach before entering politics.

The indictment does not allege that the payments or the agreement was illegal. However, prosecutors say Hastert broke federal anti-money laundering laws when he reined in the cash withdrawals he was making to place them below the $10,000 threshold for mandatory reporting to the federal government. Hastert had been taking out $50,000 in cash at a time until he got a warning from a bank employee, the indictment claims.

Hastert, who served as speaker from 1999 to 2007, is also charged with lying to the FBI by saying that he kept the withdrawn cash and by claiming that he withdrew nearly $1.7 million in cash because he did not trust the banks. The payments began several years after Hastert left office, the indictment says.

At Monday’s hearing, attorneys involved in the case acknowledged that the repeated delays they’ve requested were not solely to accommodate negotiation over pretrial motions, but also over the possibility Hastert might resolve the case by pleading guilty to one or more of the charges.

“We are seeing if we can resolve this case generally," Hastert attorney John Gallo told Durkin, according to the Associated Press. Gallo characterized the talks as "linear and productive," the AP said.

"This is not a situation where both sides are sitting on their hands,” prosecutor Stephen Block said, according to the AP.

A plea deal could have benefits for both sides. It might allow the identity of “Individual A” to remain secret. It could also allow Hastert to avoid a detailed courtroom discussion of his alleged past misconduct and to receive a more lenient sentence than he would if convicted after a trial.

Hastert, 73, could face up to five years in prison and a $250,000 fine on each of the two felony counts. However, judges usually impose sentences in accordance with federal guidelines that call for lighter punishment for offenders with no criminal record.

Hastert’s defense has also complained in court that prosecutors or investigators appeared to be leaking claims about the former speaker’s alleged misconduct. The defense said earlier this year it might file a motion protesting the leaks for interfering with Hastert’s right to a fair trial. A prosecutor said the Justice Department is looking into the disclosures.



This article tagged under: Dennis Hastert