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U.S. opposes Blagojevich trial delay

Illinois Gov. Rod Blagojevich speaks to reporters during a news conference on December 19, 2008 in Chicago. Blagojevich gave his first public statement since his December 9 arrest on federal corruption charges. (UPI Photo/Brian Kersey)
Illinois Gov. Rod Blagojevich speaks to reporters during a news conference on December 19, 2008 in Chicago. Blagojevich gave his first public statement since his December 9 arrest on federal corruption charges. (UPI Photo/Brian Kersey) | License Photo

WASHINGTON, May 28 (UPI) -- The Obama administration told the U.S. Supreme Court Friday it opposes any delay in next week's corruption trial of former Illinois Gov. Rod Blagojevich.

Earlier this month, Blagojevich asked Justice John Paul Stevens, who oversees the U.S. appeals court based in Chicago, for a stay until the high court rules on three "denial of honest services fraud" cases before it recesses for the summer in late June.

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In a memorandum filed with the Supreme Court, the administration said the request should be denied. The lower appeals court had ruled it lacked jurisdiction over any continuance in the trial.

A federal judge, in originally denying a stay, "noted that the evidence underlying the honest services fraud counts (against Blagojevich) is the same as that underlying the bribery, extortion, and racketeering counts, so that the evidentiary flow of the trial will not be affected by the outcome of the honest services cases," the administration said in its memo. "And the (judge) protected against any prejudice to the defendants by limiting opening statements to discussing the evidence to be presented at trial and by barring the parties from using the term 'honest services' during their opening statements. Any remaining claims of prejudice can be fully addressed on appeal from a final conviction."

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Blagojevich's trial is due to start next Thursday in Chicago. His brother Robert is also a defendant.

The former governor, 53, was impeached and removed from office in January 2009, and is facing a variety of charges, including allegedly trying to sell the U.S. Senate seat vacated by President Barack Obama.

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