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Blagojevich motions denied; retrial is on

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Former Illinois Gov. Rod Blagojevich leaves federal court in Chicago Aug. 11, 2010. UPI/Stephen J. Carrera 
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Published: April 15, 2011 at 11:59 AM

CHICAGO, April 15 (UPI) -- A federal judge in Chicago is refusing to delay former Illinois Gov. Rod Blagojevich's retrial or give the defense President Obama's interview with the FBI.

Lawyers for Blagojevich said they were too occupied with pretrial motions to be ready for jury selection next Wednesday but U.S. District Judge James Zagel rejected their plea for a delay, the Chicago Tribune reported Thursday.

Agents interviewed Obama, then president-elect, after Blagojevich's arrest in 2008. The governor was accused of trying to sell Obama's Senate seat.

FBI notes for other witnesses, including top Obama aides Rahm Emanuel and Valerie Jarrett, were given to the defense, but not the president's, the Chicago Sun-Times reported.

"There is nothing in the report that could be used at trial," Zagel said.

Blagojevich's attorneys said union leader Tom Balanoff gave testimony in Blagojevich's first trial that contradicted Obama's public statements. The jury convicted Blagojevich on one count and deadlocked on 23 others.

The government is trying to reframe the same evidence into a more easily understood form.

Former federal prosecutor Joel Bertocchi predicted the defense will play up the ex-governor's bizarre behavior and argue that "he can't form criminal intent because he's too goofy."

Topics: James Zagel, Rod Blagojevich
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