The United States government today filed their opposition to former Gov. Rod Blagojevich's motion to delay his trial, arguing that the evidence underlying the honest services fraud counts is the same underlying the other charges.
"Any remaining claims of prejudice can be fully addressed on appeal from a final conviction," reads the filing. "Accordingly, a stay of the district court's discretionary decision to proceed with the trial is not warranted."
For the full 35-page opposition filing, which lays out the government's case in full, click here.
Blagojevich's motions to delay the trial, filed May 19, asked the court to order a halt in the proceedings until it rules on the so-called "Honest Services" statute, under which Blagojevich was charged.
The high court is currently considering a constitutional challenge to the honest services law and is expected to rule by the time the justices adjourn on June 30. Prosecutors recently hedged their bets by re-indicting the former governor on parallel charges. It is their contention that the trial can proceed without delay, since the same testimony would apply no matter which laws are left intact at the end of what is expected to be a lengthy proceeding.
The former governor's attorneys contend they cannot adequately prepare for trial until they know exactly what charges he will face.