Blago Tries To Play The Waiting Game

By Marcus Gilmer in News on Nov 13, 2009 6:40PM

Attorneys for former governor Rod Blagojevich are lobbying to have the ex-gov's federal trial pushed back from its scheduled June start date until September. The reason? They claim a Supreme Court ruling on the "honest services" provision of the federal mail fraud statute expected in the Spring might affect Blago's case. The Trib explains:

That statute criminalizes conduct in which public officials--and others--breach the "honest services" they owe to the public or under their contracts...

The Blagojevich defense points out that the Supreme Court could make a decision by spring that would have an impact on the case. The motion asks: What if a decision that is adverse to the government comes back just before the scheduled trial?

"This court would be confronted with a motion to continue Rod's trial because the foundational underpinnings for the majority of Rod's charges have been held invalid," the motion states.

The SCOTUS has three such cases on its docket, according to Blago's attorney, including the one involving former Sun-Times owner Conrad Black. The case has a status hearing next week but U.S. District Judge James Zagel has already indicated he would be against shifting the start date of the trial.