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Experts say taps problem for Blagojevich

Illinois Gov. Rod Blagojevich leaves his home for work on December 12, 2008 in Chicago. President-elect Barack Obama has called on Blagojevich to resign after the governor was arrested Tuesday for allegedly trying to sell the Senate seat vacated by Obama for money and favors and other corruption charges. (UPI Photo/David Banks)
1 of 3 | Illinois Gov. Rod Blagojevich leaves his home for work on December 12, 2008 in Chicago. President-elect Barack Obama has called on Blagojevich to resign after the governor was arrested Tuesday for allegedly trying to sell the Senate seat vacated by Obama for money and favors and other corruption charges. (UPI Photo/David Banks) | License Photo

CHICAGO, Dec. 12 (UPI) -- Conversations captured on wiretaps will pose problems for Illinois Gov. Rod Blagojevich if the case goes to trial, legal experts say.

The embattled governor was arrested Tuesday on charges that included conspiring to sell the U.S. Senate seat vacated by President-elect Barack Obama.

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The tapes are the "breathtaking" core of the government's prosecution, Notre Dame University law professor Jimmy Gurule told USA Today.

"Unless the governor is successful in keeping the conversations out of a future trial, it's hard to imagine what the defense is," said Gurule, a former Justice Department official.

In investigating Blagojevich, federal investigators used wiretaps to support U.S. Attorney Patrick Fitzgerald's claims of a "political corruption crime spree" involving alleged extortion and conspiracy.

Sheldon Sorosky, Blagojevich's attorney, has said the governor is not guilty.

"The question is whether this is fantasy talk," Loyola Law School professor Laurie Levenson told the newspaper. "If he just made a passing remark, it would be one thing. But there is a lot here."

Defense lawyers probably would challenge the government's reasoning for seeking the taps, she said. Given the high profile of the case, she said wiretap requests probably were reviewed with a fine tooth comb before they were submitted.

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"If you get the wiretaps thrown out, it's a whole new ballgame," Levenson said. "But I don't think that's likely."

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