Blagojevich lawyers want U.S. attorney off case

Attorneys for Gov. Rod Blagojevich asked the federal courts today to kick U.S. Attorney Patrick Fitzgerald and his staff off the case and end the governor's prosecution.

Attorney Sheldon Sorosky told reporters the move is based on comments Fitzgerald made at last month's news conference in which he announced the federal corruption charges against the governor.

A federal prosecutor told Chief U.S. District Court Judge James Holderman that the move was "meritless," during a hearing this afternoon on whether secret recordings of Blagojevich can be released to lawmakers pursuing impeachment.

A copy of the motion was not immediately available as it was delivered to the judge under seal this morning. The judge said the motion would be made public today.

The move by Blagojevich's attorneys comes as lawmakers are on the verge of voting to push forward with his ouster. The state House could vote on impeachment Friday and a panel is already reviewing a report that recommends asking the Senate to start an official trial.

Also in court today, it became clearer lawmakers may not get their hands on recordings that prosecutors say show the governor plotting to trade campaign cash for his signature on legislation that would benefit racetracks. He eventually signed the measure after his arrest on sweeping corruption charges in early December.

Sorosky pushed the judge to extend the time for lawyers to present their arguments into mid-February. A lawyer representing House lawmakers said that would likely come after the Senate had already finished its impeachment trial.

Holderman ultimately set up a schedule that could have the tapes released by Feb. 5, but a hearing has been set for Jan. 23 to review the matter.