Federal prosecutors may reindict former Gov. Rod Blagojevich to help avoid problems with a possible U.S. Supreme Court decision, prosecutors said in a court filing today.
The high court is looking at three cases dealing with the honest services statute -- something Blagojevich is now accused of violating.
Oral arguments in one of the cases is scheduled tomorrow before the court.
Blagojevich's defense team had asked for a trial delay to see how a Supreme Court's ruling may affect his case.
Prosecutors said instead of considering a trial delay, they'll just charge the ex-governor with something new.
"To avoid any unnecessary delay in the June (2010) trial date, the government anticipates requesting the grand jury return a second superseding indictment in the instant case towards the end of January 2010," prosecutors wrote today. "At this time, it is anticipated that any new charges would be based on the underlying conduct that currently encompasses the pending charges."