Reporting with Lark Turner
Rod Blagojevich's lawyers said today they want a mistrial based on Jesse Jackson Jr.'s testimony yesterday.
In a nutshell:
"At sidebar, defense counsel obtained a preliminary ruling from the Court regarding what would open the door to the comment Jackson claims was made by Blagojevich at the Illinois delegation trip in 2003. It was, and is, the defense's position that this claim by Jackson is unduly prejudicial and not relevant to this trial."
The motion says the defense knew about Jackson's allegation and that they didn't make a mistake in putting Jackson on the stand.
"The only decision by the defense that, in retrospect, may have been unwise was to trust the government to abide by the rules and play fair, and to trust that this Court would hold the government to the same standard as the defense," they wrote.
It's the second time the defense has filed for mistrial this week. On Monday, they asked Zagel for a mistrial because of all the objections to their cross-examination of government witnesses. Even as they launched their defense Wednesday, they asked Zagel to acquit Blagojevich of all charges against him.