By Allan Lengel
ticklethewire.com
Chicago fed prosecutors in the upcoming political corruption trial of ex-Ill. Gov. Rod Blagojevich are worried defense attorneys might go for “jury nullification” and ask jurors to ignore the facts of the case and acquit.
“The government respectfully moves this Court to preclude the defendants from arguing, or otherwise presenting evidence or pursuing lines of inquiry to illicit, jury nullification,” the government wrote in a motion filed Monday.
The motion anticipates a number of arguments the defense may present to jurors to get jury nullification including “politics as usual”.
“The defendant may well suggest that the law is unfair or burdensome because their conduct is simply consistent with the way the political system is set up,” the motion states. “Likewise, the defendant may argue that their conduct is simply what all politicians do and, to the extent their conduct violates the law, the the law is unrealistic or unfair.”
“Such argument, which concedes the conduct but simply suggests to the jury that even if such conduct is technically illegal it is proper, necessary, or simply the way of life in politics, seeks jury nullification and should be barred.”
Read Govt. Motion on Jury Nullification
