Rod Blagojevich's lawyers are again asking for notes from the FBI's interview with President Obama.
The interview happened in late 2008, following former governor Rod Blagojevich's arrest.
In the course of the Blagojevich investigation, the FBI and prosecutors interviewed Obama, along with Rahm Emanuel and Valerie Jarrett, just as they were transitioning into the White House. Investigators wanted to ask them about their interactions with Blagojevich, charged with scheming to sell Obama's vacant Senate seat.
Defense lawyers complain that if Obama were anyone else but the president, they would have the FBI notes from the interview (which is called a 302).
"Based upon the content contained in the disclosed 302s of other individuals that were tendered by the government, the Obama 302s at issue would almost certainly have been disclosed if the interviewee was anyone other than the President," Blagojevich's lawyers wrote. "The mere fact that these summaries are from FBI interviews with the President does not make them non-discoverable."
Attorneys argue that the notes would help them better cross-examine SEIU leader Tom Balanoff, who testified last summer at Blagojevich's first trial that he received a call from Obama the night before the presidential election. Balanoff said he saw that call as a signal to move forward and have discussions with Blagojevich about the possible appointment of Valerie Jarrett to the U.S. Senate seat.
Blagojevich's team says that contradicts an Obama team report that was issued Dec. 23, 2008, which "...states that President Obama did not direct anyone to speak on his behalf regarding the White House's preferences for the Senate seat appointment," Blagojevich lawyers wrote.
Click here to read the filing: Request for FBI 302 Interview Summaries of Barack Obama
Click here to read the report: Obama Report