Robert Blagojevich is in the clear.
Assistant U.S. Attorney Reid Schar said Thursday that federal prosecutors will not pursue Rod Blagojevich‘s brother in the upcoming retrial due to “disparity of charges.”
Schar said the government will absolutely proceed with the retrial of Rod Blagojevich.
“You’re done,” lawyer Michael Ettinger said to Robert Blagojevich on the phone afterwards. “You’re free.”
Ettinger said Robert, who was not in court when the government made its announcement, responded, “Words can’t decribe it.”
Robert was charged with four counts in his brother’s federal corruption trial. Ettinger said Robert, who ran the former governor’s fundraising organization Friends of Blagojevich for part of 2008, could still be subpoenaed to testify in the retrial. Rod Blagojevich’s attorney Sam Adam Sr. also said that Robert could be called to testify for the defense.
Robert plans to go out to dinner, Ettinger said, and will now be allowed to return to his home in Nashville. “This may save his house,” Ettinger said, referring to earlier remarks from Robert that he may have to sell his home to afford the defense costs of a retrial.
Ettinger said he knew of prosecutors’ decision “two minutes before we walked into the courtroom” Thursday.
Former assistant U.S. attorney Patrick Collins lauded the government’s decision as “prudent and honorable.”
“The legacy of this case will be about the former Governor’s fate, not Robert’s,” Collins said in an email to the Chicago News Cooperative. “This decision allows them to concentrate solely on bringing their best case against Rod without the distraction—and possible testimony of Rob—that could help Rod. Finally, it was a just and fair decision for Rob, who, based on the evidence and the last jury’s evaluation of the evidence, was not likely to be convicted in a future case.”
At Thursday’s hearing, Judge James Zagel said that if Blagojevich requests Criminal Justice Act funds for his defense, he would be allowed two lawyers and one paralegal.
“I don’t think this presents a significant handicap to the defendant in this case,” the judge said.
Zagel said he would allow Blagojevich to have volunteer lawyers so long as he approved them.
The next pretrial hearing is set for September 9. Blagojevich’s lawyers have until October 1 to drop out of the case. Ettinger said Thursday that attorneys Sheldon Sorosky and Aaron Goldstein will continue on. Lead defense counsel Sam Adam Sr. and Sam Adam Jr. are expected to depart.
Adam Sr. said after Thursday’s hearing that he has “never discussed a possible plea with the governor.”