Lawyers for Rod and Robert Blagojevich are appealing a trial judge's decision to go forward with trial June 3 -- before the U.S. Supreme Court has ruled on law at issue in the case.
U.S. District Judge James Zagel has said that jury selection and opening statements could go forward even if the high court has not yet ruled on the "honest services statute," which critics say is a broadly worded and broadly interpreted statute that says officials cannot deprive taxpayers of their honest services.
Both Blagojevich brothers are charged with honest services counts. Prosecutors recharged the case to account for a possible high court strike down.
Zagel in April said the case should not be delayed as parties await a ruling.
The motion filed today asks for the U.S. Seventh Circuit Court of Appeals to reconsider the issue.
Defense lawyers have said they cannot begin trial without knowing what counts they're specifically up against. They say forcing them to go to trial violates their clients' Fifth and Sixth Amendment rights.
The supreme court is expected to rule by the end of June.
Blagojevich defense makes bid to higher court for trial delay
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The U.S. Seventh Circuit Court of Appeals just issued some scheduling information regarding a request by Rod Blagojevich to delay his June 3 trial until after the U.S. Supreme Court rules on the honest services statute. The high court's ruling on hone... Read More