It appears Rod Blagojevich may not take the oath after all.
Michael Ettinger, an attorney for Robert Blagojevich, told the judge that his side will rest if his brother's attorneys call no witnesses.
"His position is that the government has not proven without a reasonable doubt that the government had proven his guilt," Ettinger said outside the courtroom.
If the ousted governor does not testify, if would be a sharp departure from what he has been saying for months, namely that he wants to take the stand to tell his side.
As the day ended Tuesday, Rod Blagojevich's legal team was divided on whether he should testify. Attorney Sam Adam Sr. is reportedly against the idea, mainly because Tony Rezko and Stuart Levine did not testify in the trial, which could have been damaging.
Adam's son, Attorney Sam Adam Jr., wants the former governor to take the stand.
"When it comes to this particular client, he's a wonderful speaker. He's always told the truth. The one thing you know about Rod, if you've listened to the tapes is he's certainly not shy and he can certainly tell the jury what was in his mind," Sam Adam Jr. said outside the Dirksin Federal Building.
After the attorneys huddled for a private discussion, Judge James B. Zagel adjourned court early without explanation. Court will resume Wednesday morning.
Both Blagojevich brothers have pleaded not guilty to a scheme to sell or trade the Senate seat that President-elect Barack Obama abdicated when he assumed the presidency.