Blago seeks to have Fitzgerald removed from case

Gov. Blagojevich is asking a judge to kick U.S. Attorney Patrick Fitzgerald off of his corruption case, the governor’s lawyer said today.

Sheldon Sorosky said they're seeking to have Fitzgerald removed because of remarks he made during a Dec. 9, 2008 news conference announcing charges against the governor.

Fitzgerald at the time called Blagojevich's conduct — which included allegedly trying to sell President-elect Barack Obama’s vacant Senate seat — “appalling.”

Assistant U.S. Attorney Ed Chang called Blagojevich's  move “meritless.”

Meanwhile, a House panel will have to wait for tapes of the governor to be released as defense lawyers try to suppress the recordings. Lawyers will return to discuss the matter Jan. 23.

Also today, Blagojevich's lawyers waived their right to a probable cause hearing in federal court. Such a hearing would have likely involved the public playing of audio tapes that captured the governor talking on wiretaps the government put in place between October and December. Defendants have the right to demand such a hearing to force the government to show why it believes it has probable cause to bring charges.