Reportedly, Governor Blagojevich and his attorneys may file suit to stop the Illinois Senate impeachment trial. The Governor and his lawyers may make the argument that these rules are unfair and deny fundamental due process. For example, they would like to call Rahm Emanuel who has publicly stated that he never heard Blagojevich say anything inappropriate. Senate President John Cullerton intends to go forward with the trial as planned on January 26 – he says it’s fair and that the rules mirror the impeachment trial against President Clinton.
Blagojevich missed the deadline to tell the Senate which documents and people he’d like to subpoena for the impeachment trial. His lawyers announced last week that they would not be attending the impeachment trial stating that they could not, in good conscience, represent Blagojevich in a trial without due process of law. The lawyers will represent the Governor in criminal proceedings.