Thursday, April 22, 2010

Blagojevich Wants Obama to Testify at Trial

The Wall Street Journal

CHICAGO—Former Illinois Gov. Rod Blagojevich has asked a federal judge to subpoena President Barack Obama to testify at his corruption trial this June.

In a motion filed Thursday, Mr. Blagojevich contends that "President Obama has direct knowledge to allegations made in the indictment."

Mr. Blagojevich has pleaded not guilty to charges that he plotted to sell the Senate seat left vacant by Mr. Obama after he was elected president.

In the 11-page motion, Mr. Blagojevich's attorneys say that Mr. Obama has said no representatives of his had anything to do with alleged deals for the Senate seat. Those statements "contradict the testimony of an important government witness," according to the motion.

The alleged contradictory information had been redacted in Thursday's filing.

Mr. Obama is "the only one who can say if emissaries were sent on his behalf, who those emissaries were, and what, if anything, those emissaries were instructed to do on his behalf," the motion says.

Mr. Blagojevich contends that Mr. Obama may also have pertinent information about Antoin "Tony" Rezko, a government witness in the trial, who was found guilty in 2008 on charges of bribery fraud and money laundering but has not yet been sentenced.

Mr. Rezko and Mr. Obama became friendly in 1990 and Mr. Rezko helped Mr. Obama purchase his house in Chicago.

"President Obama's relationship with Tony Rezko is relevant and necessary," the motion says.

All of Mr. Obama's testimony would involve things that happened before he became president so would not involve executive privilege, attorneys for Mr. Blagojevich contend.

It is highly unusual for a sitting president to testify at a corruption trial but not unprecedented. Attorneys for Mr. Blagojevich cite cases in which Thomas Jefferson was ordered to comply with a subpoena in the trial of Aaron Burr and a deposition given by President Ulysses S. Grant in a criminal case.

More recently, in 1974 the Supreme Court held that President Richard Nixon was obligated to comply with a subpoena in criminal trials of his appointees resulting from the Watergate scandal and President Bill Clinton was deposed in 1996 in two criminal proceedings.

In deference to Mr. Obama's busy schedule and security demands, attorneys for Mr. Blagojevich said he can testify via video conference or deposed outside of court.

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