Blagojevich Asks Judge To Dismiss 11 Charges
CHICAGO (CBS) -- Former Gov. Rod Blagojevich has filed a new motion seeking to toss out several corruption charges against him, based on a U.S. Supreme Court ruling limiting the use of a federal anti-fraud law.
In a motion filed Tuesday, Blagojevich's defense team asked U.S. District Judge James B. Zagel to dismiss 11 of the 23 corruption counts he is facing when he is tried for a second time in April.
The counts defense attorneys want tossed out are tied to the so-called "honest services" statute that the high court ruled on last summer. Justices ruled that, if there's no bribe or kickback, "honest services fraud" is too vague to be a crime.
Blagojevich's attorneys also tried to have the 11 counts tied to "honest services" thrown out at the start of his trial last summer, in the wake of the Supreme Court ruling, but Zagel rejected the request.
Blagojevich's first trial ended last summer with jurors deadlocked on all but one of 24 counts against him. Blagojevich was convicted of lying to the FBI and prosecutors are pressing on with 23 other counts against him.
