Rod Blagojevich defense lawyers ask judget to tap campaign fund

Prosecutors object, want them paid at public defender rate, around $115 an hour

Lawyers for former Gov. Rod Blagojevich and his brother are asking a federal judge to lift a restraining order that's been put on a $2.3 million campaign fund to help pay for legal fees.

Attorney for Robert Blagojevich, Michael Ettinger, said of the $2.3 million in the Friends of Blagojevich fund now: "not a dollar represents proceeds of any illegal activity as alleged in the indictment," according to a filing.

Lawyers want the funds released to pay for their fees. Ettinger is asking for just a contribution, while Rod Blagojevich's lawyers are expected to take all fees from the fund.

Prosecutors, however, oppose the move. They proposed that defense lawyers be paid through taxpayer money but then tap the $2.3 million fund to reimburse costs. That would force Blagojevich's lawyers to be paid at public defender rates, which are about $115 an hour.

At a recent hearing, prosecutors expressed concern that defense lawyers would drain the fund by charging high rates, then turn to taxpayer money anyway.

"[Friends of Blagojevich] was established on behalf of Rod Blagojevich to support his campaign efforts so that he could maintain and influence a racketeering enterprise designed to personally enrich Rod Blagojevich and his family, and, as part of the enterprise, his interest in the FOB funds," prosecutors wrote.