Feds: Make former Blagojevich lawyer testify

U.S. Attorney Patrick Fitzgerald asked a federal judge today to force Rod Blagojevich's former state counsel to testify against the ex-governor in his corruption trial.

In a motion filed today and set to be argued Friday, prosecutors say William Quinlan has declined to comply with subpoenas, citing a potential argument of attorney-client privilege. Quinlan worked for the state of Illinois from 2005 through 2008, serving as general counsel and as counsel to the governor.

The court filing says Blagojevich's defense team "has indicated that he does not intend to assert the attorney-client privilege" but that the governor has declined to expressly waive that privilege. Communications between a lawyer and client usually are exempt from being used in court.

Gov. Pat Quinn, after replacing Blagojevich in February 2009, waived any notion of privilege on Quinlan's behalf, and the motion cites case law that there's no privilege between a government official and an attorney employed by the state.

In February, Blagojevich's lawyers submitted a letter allowing Quinlan to speak with the U.S. attorney's office, but it included a number of "suggestions" for Quinlan, such as that Quinlan decline to be interviewed until after reviewing FBI wiretap tapes of conversations in which he was a participant and that they be on hand for any such interview.

Quinlan's attorney Jon King said the former counsel general is ready to cooperate with the government, but not until he gets a specific waiver of attorney-client privilege.

"Blagojevich's counsel has told me repeatedly that there's an applicable attorney-client issue here," King said. He said Quinlan has no intention of hiding anything from the government but merely wants to make sure that he is in accord with fundamental legal ethics.

Blagojevich's co-defendants in his racketeering and corruption trial are also scheduled for hearings Friday, and the secretly recorded government tapes that allegedly show the governor trading political favors for contributions and attempting to auction off the U.S. Senate appointment also figure to come up.

Attorneys for Blagojevich's brother and former fundraiser, Robert, filed a motion this week attempting to suppress the tapes, even as the former governor has insisted he wants the tapes played in their entirety and that they'll prove his innocence.

Defense attorney Michael Ettinger argues in his motion that there was no just cause for the government to have arranged a wiretap.

Blagojevich's trial is scheduled to begin June 3.

•The Associated Press contributed to this report