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Blagojevich's lawyer objects to giving pols FBI tapes
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Published: 1/8/2009 | Updated: 1/23/2009

By MIKE ROBINSON
AP Legal Affairs Writer

CHICAGO -- Gov. Rod Blagojevich's attorney objected Wednesday to any release of secretly made FBI tapes of the governor's private conversations to a legislative impeachment committee meeting in Springfield.

Edward M. Genson's objection made it even more unlikely the impeachment panel will get to hear the tapes or read transcripts of them before it finishes its work.

But members of the fast-moving panel have indicated they can go ahead with the impeachment process even if they never get to hear the tapes or see the transcripts.

Blagojevich, 52, is charged along with his former chief of staff, John Harris, with plotting to sell or trade the U.S. Senate seat left vacant by the election of Barack Obama as president.

According to an FBI affidavit attached to a criminal complaint charging the governor, Blagojevich is heard on the tapes speculating on whether he could get cash, or a Cabinet post or a high-paying job in exchange for the Senate seat.

Other tapes focus on alleged efforts by Blagojevich to squeeze campaign donors illegally for contributions and pressure the Chicago Tribune to fire editorial writers who were calling for impeachment of the governor.

The Illinois House committee weighing evidence for a possible impeachment had asked to hear some of the tapes and U.S. Attorney Patrick J. Fitzgerald set aside a small number of them focusing on the allegedly illegal pressuring of racetrack operator John Johnston for campaign money while a racetrack bill was pending.

Chief Judge James F. Holderman asked attorneys earlier this week to look at complete and redacted versions of the tapes and tell him by Wednesday if they objected to the redactions made by the U.S. attorney's office.

None of the lawyers objected to the redactions. But Genson said he wanted nothing turned over to the lawmakers.

Genson represents Blagojevich before the impeachment committee as well as in the federal criminal case facing the governor.

"Defendant Blagojevich objects to the release of any tapes or transcripts, redacted or unredacted, to the investigative committee of the legislature," Genson said in a brief Wednesday.

Genson said that he would explain his reasons for objecting by Jan. 20.

Defense attorney Michael D. Ettinger, representing the governor's brother, Rob Blagojevich, said in a brief filed with the court that he would move to have the tapes ruled out of evidence if there is a good reason for such a motion. Rob Blagojevich is heard on the tapes but is not charged with any wrongdoing.

Ettinger indicated that he would not be able to determine if such a good reason exists until he receives more information from the government.

Such roadblocks made it unlikely that the tapes or transcripts will go to Springfield before the House committee finishes work. But if the House impeaches Blagojevich the tapes could still be available for playing at a trial in the Senate.



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