 The trial is scheduled to begin June 3, and the weeks
beforehand should not get bogged down in frivolous skirmishing,
prosecutors told the 7th U.S. Circuit Court of Appeals in a filing
late Friday and again Monday. They asked the court to rule on the
former governor's request "on an expedited basis in order to
definitely resolve the issue."But Blagojevich's lawyers said
Monday that it would be unfair to allow the trial to start before
the Supreme Court resolves a challenge to the so-called
honest-services fraud law, which is the basis for several of the
charges against Blagojevich.
They scoffed at prosecutors' claim that the argument had no
merit.
"They always say that; what else are they going to say?"
Blagojevich attorney Samuel E. Adam said Monday.
U.S. Attorney's Office spokesman Randall Samborn declined
comment.
One complication is that the appeals court told defense attorneys
to file briefs about their delay request by June 16 -- 13 days after
Zagel has scheduled the trial to get under way. Attorneys said it
was unclear exactly how that would affect matters.
As the fight over the trial date heated up, U.S. District Judge
James B. Zagel called prosecutors and defense attorneys in for a
previously unscheduled meeting Tuesday.
Blagojevich is accused of trying to sell or trade President
Barack Obama's old U.S. Senate seat. As governor, he had the power
to fill the seat when Obama was elected to the White House.
Blagojevich also is charged with plotting to illegally pressure
potential campaign contributors.
His brother, Nashville businessman Robert Blagojevich, is charged
with helping him.
Both men have pleaded not guilty.
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The indictment is largely based on a controversial federal law
that makes it illegal to deny taxpayers their intangible right to
the honest services of public officials. Critics say the law is
unfairly vague.
Supreme Court Justice Antonin Scalia said in a recent case that
the law is so vague it could make it a crime for a mayor to use his
political clout to get a good table at a restaurant. The high court
is expected to make a decision on the law by the end of June, after
Blagojevich's trial begins.
Federal prosecutors have rewritten the Blagojevich indictment so
fewer charges are based on the honest services law and have
indicated that they may drop the honest-services counts if the
Supreme Court modifies or erases the law.
But Blagojevich attorneys said they need to know in their opening
statements exactly what violations are going to be alleged in the
indictment when the case is turned over to the jury. They filed a
motion with the appeals court Friday. The attorneys have twice asked
for a later trial date.
"A fair trial is impossible under the current ruling of the
District Court," the Blagojevich attorneys told the appeals court.
[Associated Press]
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