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 Blagojevich's attorneys also said that despite working seven days a week, they can't be ready by that date because it's not enough time to adequately prepare for the complex case and possible six-month trial. They asked for a starting date of Nov. 3.
"Without a reasonable postponement of the trial the defendant cannot and will not receive adequate representation to which he is constitutionally guaranteed by the 6th Amendment," read the motion, which was signed by attorney Sam Adam.
A spokesman for the U.S. attorney's office, Randall Samborn, had no comment on the request.
The defense attorneys raised the possibility that the U.S. Supreme Court could declare charges contained in the indictment unconstitutional because they hinge on a law that makes it a crime for public officials to deprive taxpayers of their right to honest services.
The high court is weighing appeals from former media mogul Conrad M. Black and former Enron CEO Jeffrey Skilling of convictions under that law and an appeal from an Alaska state lawmaker who has not been convicted but has been charged under the honest services law.
"It would, of course, be playing Russian Roulette with Defendant Blagojevich's life and liberty for defense counsels to hazard a guess as to which if any of the government's urgings might by accepted by the court," the attorneys told U.S. District Judge James B. Zagel.
Blagojevich is charged with scheming to sell or trade President Barack Obama's former U.S. Senate seat as well as illegally pressuring people doing business with the state
-- from a racetrack owner to a hospital executive -- for campaign contributions. He has pleaded not guilty.
Zagel, who is due to preside over the trial, had set next Wednesday as the deadline for seeking a postponement. A hearing is set for that day at which Blagojevich's attorneys are expected to argue in favor of their motion.
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