Ill. Gov. to Boycott His Own Impeachment Trial, Frustrated Attorney Quits

Updated: An impeachment trial of the Illinois governor is set to begin on Monday in the state senate.

But the defendant, Gov. Rod Blagojevich, announced at a press conference today that he isn't going to attend, because the trial rules set for the proceeding, he says, are unfair and unconstitutional, according to the Associated Press.

Meanwhile, in later-breaking news, an apparently frustrated lead attorney in his upcoming federal criminal trial on corruption charges quit the governor's case, reports the Chicago Tribune. Attorney Ed Genson's announcement that he will step down followed a federal judge's ruling this afternoon that undercover tapes obtained in the criminal investigation could be used as evidence in next week's impeachment trial

"I never require a client to do what I say," attorney Ed Genson said after the ruling on the tapes. "But I do require them to at least listen," the Tribune recounts.

Specifically, the governor contends that the state senate's impeachment trial rules are unfair because they prevent him from calling the witnesses he needs to prove he is innocent of claims that he has bartered official favors for personal gain. However, "the governor twisted facts or exaggerated to support his version of events," the AP article states.

As discussed in an earlier ABAJournal.com post, the governor has been considering suing over the situation but may now have decided against doing so.

However, such a lawsuit appears perhaps more likely following the news late this afternoon, which also was reported in another AP article, that Genson is resigning. As discussed in the ABAJournal.com post, Genson and another lawyer provided differing views within a short time about the viability of the potential lawsuit, with Genson saying that it would not proceed.

As his own counsel admits, Blagojevich is likely to be convicted in the impeachment trial regardless of what he says, according to the Chicago Tribune.

Although Blagojevich now is taking his case to the people in a last-minute pre-trial publicity tour, it appears from the public comments being made by some fellow Democrats that the chips may be stacked against him on this front, too.

When asked for his view of the situation, Chicago Mayor Richard Daley reiterated a comment he had made in September, reports United Press International: "I said 'cuckoo' once, I'll say it again," Daley said. "Cuckoo."

If Blagojevich does testify in the impeachment trial, anything he says can be used against him later in his trial in a related criminal corruption case in federal court, the AP notes.

Additional coverage:

ABAJournal.com (Dec. 19, 2008): "Ill. Gov: I’m Not Guilty, ‘Will Fight Until I Take My Last Breath’"

ABAJournal.com (Jan. 9): "Gov. Blagojevich Impeached, Will Be Tried in State Senate"

New York Times: "Blagojevich Calls Impeachment Process Unfair"

Chicago Tribune: "Blagojevich: Impeachment trial 'hanging' him"

Chicago Sun-Times: "Blagojevich asks Senate to change trial rules about calling witnesses"

ABAJournal.com (Dec. 11, 2008): "Why Dan Webb Isn’t Representing Ill. Gov: Alleged Unpaid $500K Legal Tab"

Updated at 5:10 p.m. to add link to New York Times coverage and at 5:15 p.m. to include information about Ed Genson's planned resignation. Updated at 7:20 p.m. to include information from Tribune article about Genson's resignation.