Arrests ordered of 2 former Madigan operatives for failing to answer questions in lawsuit

Speaker+Mike+Madigan+and+Senate+President+John+Cullerton+listen+as+Gov.+Bruce+Rauner+speaks+about+making+changes+in+the+state+on+Monday+Jan.+12%2C+2015+at+the+Prairie+Capital+Convention+Center+in+Springfield%2C+Ill.

Nancy Stone/Chicago Tribune

Speaker Mike Madigan and Senate President John Cullerton listen as Gov. Bruce Rauner speaks about making changes in the state on Monday Jan. 12, 2015 at the Prairie Capital Convention Center in Springfield, Ill.

By Jason Meisner, Chicago Tribune

A federal judge on Monday ordered the arrests of two alleged political operatives of Illinois House Speaker Michael Madigan for failing to appear for depositions in a lawsuit filed by Madigan’s opponent in the 2016 election.

Joseph Nasella and Michael Kuba were each found in contempt of court by U.S. District Judge Matthew Kennelly, who authorized deputy marshals to “use necessary and reasonable force” in making the arrests, court records show.

Nasella and Kuba were subpoenaed to testify under oath in a lawsuit filed by Jason Gonzales, who ran against Madigan in 2016 and claimed the speaker’s team stacked the ballot with phony candidates with Latino-sounding last names to confuse voters.

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Both Nasella and Kuba, who circulated petitions for the alleged sham candidates, were paid through campaign funds that Madigan controls, Gonzales’ lawyers have alleged in court.

A spokeswoman for Madigan said that Nasella was “briefly” employed by the speaker’s campaign committee but was dismissed in 2018. Kuba, meanwhile, “has no connection to the speaker or his committee,” she said.

The two operatives had been scheduled to sit for depositions last year, but both were no-shows, according to court records. Kennelly found them in contempt last week after they failed to appear in court to explain why, records show.

Gonzales’ attorney, Anthony Peraica, said Monday that Nasella and Kuba were each given notice of their depositions by multiple means — including in person, by certified letter, by email and even via Facebook.

“None of the letters came back (as undeliverable),” Peraica said. “These guys were aware of the depositions. They just chose to thumb their noses at the court.”

Once he learns of their arrests, Peraica said, he plans to take their statements under oath while they still are in custody.

Efforts by the Chicago Tribune to reach Nasella and Kuba — who are both listed in public records as living on Chicago’s South Side — were not successful Monday.

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The lawsuit filed by Gonzales has lifted the veil on some of the bare-knuckle political tactics during the 2016 primary for the 22nd Illinois House District, which has been under Madigan’s control for nearly five decades.

Along with Madigan and Gonzales, two other candidates surfaced in the race — Joe Barboza, a union construction laborer from the West Lawn neighborhood, and Grasiela Rodriguez, a dispatcher for a ready-mix truck company who also lives in West Lawn. Neither Barboza nor Rodriguez filed financial reports with the state to indicate they raised or spent money, the kind of activity associated with active campaigns, the Tribune has reported.

During the campaign, Madigan’s re-election team peppered the district with anti-Gonzales mailers featuring grainy, unflattering images of the challenger, casting him as a career criminal. Gonzales has acknowledged that as a teen he committed crimes involving forgery and illegal use of a credit card. He spent 71 days in jail.

On Election Day, Madigan won with 65 percent of the vote, while Gonzales had 27 percent, Rodriguez had nearly 6 percent and Barboza 2 percent.

Last month, the Tribune reported details from several depositions already taken in the case, including the sworn testimony of Madigan himself, who said it was the first time he’d ever given one.

The 76-year-old speaker used the phrases “I don’t recall,” “I don’t remember,” “I don’t know” and “I have no memory” more than 100 times during the five-hour session. He said that despite the shifting demographics of the district, he was not concerned about Gonzales’ challenge because the speaker enjoyed “widespread support among Hispanic people in the district.”

Peraica asked Madigan whether he had reached out to any political allies to try to load up the ballot with candidates.

“I don’t remember that,” Madigan said.

“Is it possible that you did?” Peraica asked.

“No,” Madigan responded.

“So you’re certain that you didn’t?” Peraica asked.

“I don’t remember,” Madigan said.

Madigan has denied wrongdoing. Last month, his spokeswoman declined to comment on the suit, saying that “the proper place to litigate is in court.”

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