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Judge fears Blagojevich might talk about case on 'Celebrity Apprentice'

Judge doesn't rule on appearance, tells lawyers to address concerns about on-air statements

October 20, 2009

Ex-Gov Rod Blagojevich's gift of gab got him elected.

And it got him indicted.

Now, a federal judge fears Blagojevich's babbling on Donald Trump's "Celebrity Apprentice" could gum up his upcoming trial.

U.S. District Judge James Zagel didn't say he would block Blagojevich from continuing the reality show taping that's now under way in New York.

Zagel did say he's worried Blagojevich could trample over the case in a way that could bring problems in his trial, which begins in June.

"It is possible that an indicted person may say something that creates problems later on," Zagel said.

Zagel said he's seen two episodes of NBC's "Celebrity Apprentice."

"There are significant confessional elements in that show," Zagel said. No one from Blagojevich's case could control what ended up in the final cut of the program, he said.

His remarks came at a court status requested by prosecutors to discuss the series. Assistant U.S. Attorney Reid Schar said Blagojevich has misstated evidence on previous TV appearances and feared that he would do it when the show airs next spring -- when the first stages of jury selection begin.

The prosecution's move drew fire from Blagojevich's attorneys outside of court.

"This is the first time I have ever heard of a law enforcement official coming into court and saying: 'Judge, shut the defendant up,'" Blagojevich's lawyer, Sam Adam Jr. said.

Adam went on a tirade about the government -- at one point referencing Guantanamo Bay.

" 'Be quiet Mr. Blagojevich, you actually have an audience,' " Adam said, mimicking the government. " 'You don't agree with what we've said in this, we need you to shut up.' "

"We watched all these things that happened down in Guantanamo," Adam continued. "We've seen all the things over the years that have happened in this country."

Zagel told prosecutors and defense lawyers to talk over concerns about the show and asked prosecutors to file a written request under seal.

Blagojevich, who was ousted from his post as governor in January, will be a paid contestant on the show.

"I don't think anyone is trying to control what he says," said Sheldon Sorosky, a Blagojevich lawyer. "I think this is just a warning from the government that if he says certain things, they could have implication at trial."

Meanwhile, a onetime top aide to Blagojevich and longtime friend is expected to enter a guilty plea today in federal court.

The plea deal of Lon Monk, a lobbyist who once served as Blagojevich's chief of staff, has been put off on at least two occasions.

But his lawyer said Monday it will "probably" go through today.