Hastert set to make first court appearance Thursday

Associated Press

CHICAGO

Former U.S. House Speaker Dennis Hastert is set to make his first court appearance in his hush-money case Thursday, when he is expected to enter a plea before a federal judge who previously donated $1,500 to the then-Illinois congressman’s re-election campaign.

The arraignment for Hastert, a Republican who once was second in line to the U.S. presidency, comes a week after a grand-jury indictment alleged he agreed to pay $3.5 million to ensure someone from the Illinois town where he taught and coached stayed quiet about “prior misconduct” by Hastert.

The office of U.S. District Judge Thomas M. Durkin confirmed the arraignment date, then told The Associated Press later Monday that Judge Durkin could not comment on any aspect of the case, including whether he might recuse himself.

The indictment charges Hastert, 73, with one count of evading bank regulations by withdrawing $952,000 in increments of less than $10,000 to skirt reporting rules. He also is charged with lying to the FBI about the reason for the unusual withdrawals. If convicted, Hastert faces a maximum five-year prison sentence on each count.

The indictment does not say what Hastert purportedly was trying to hide. But a person familiar with the allegations told the AP the payments were meant to conceal claims he sexually molested someone decades ago. The person spoke to the AP on the condition of anonymity because the investigation is ongoing and the allegations are not contained in the indictment.

Hastert hasn’t returned messages, spoken or appeared in public since he was indicted, and no attorney or representative has spoken on his behalf.

Judge Durkin, who is 61 and the brother of Illinois House GOP Leader Jim Durkin, donated $500 to Hastert’s congressional campaign in 2002 and $1,000 in 2004, Federal Election Commission records show. Judge Durkin was an attorney at the Mayer Brown law firm in Chicago at the time.

Judicial ethicist Bob Cummins, who practices law in Chicago and Portland, Maine, said recusal is not clearly called for in this case.

“I’m not at all sure that would be a basis to disqualify himself,” Cummins said about the contributions. “I think Durkin has impeccable character.”

He added, however, that the judge still could step aside if he determines there might be a perception of bias.

The May 28 indictment details a 2010 agreement between Hastert and a person identified only as “Individual A” to pay millions to “compensate for and conceal [Hastert’s] prior misconduct” against the unnamed individual.

The indictment notes Hastert was a history teacher and coach from 1965 to 1981 in Yorkville, a Chicago suburb. The other party “has been a resident of Yorkville and has known Hastert for most of Individual A’s life,” the document said.