Blago lawyers ask govt. to produce Rahm call

February 8, 2011 4:22:45 PM PST
Attorneys for former Illinois Governor Rod Blagojevich filed a pretrial motion asking a federal judge to order prosecutors to produce evidence they claim is missing.

The 34-page motion filed electronically Tuesday morning claims the evidence includes one phone call between a Blagojevich aide and then-White House Chief of Staff Rahm Emanuel. It claims that recording is missing.

The defense motion claims the telephone conversation took place one day before Blagojevich's December 2008 arrest.

The motion says details of that conversation could bolster a defense contention that Emanuel was willing to help with a deal in which Blagojevich would have named Illinois' attorney general to Obama's former senate seat.

Emanuel has not been accused of any wrongdoing.

Still, the motion's focus suggests Blagojevich and his attorneys could make Emanuel a part of their defense strategy as he is focused on running for mayor.

Both prosecutors and the defense have left open the possibility that Emanuel could be called to testify at the second trial.