Prosecutors say Blagojevich attorneys misrepresented US Supreme Court ruling in appeal


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FILE - In this March 15, 2012 file photo, former Illinois Gov. Rod Blagojevich waves as he departs his Chicago home for Littleton, Colo., to begin his 14-year prison sentence on corruption charges. Blagojevich's lawyers submitted an additional argument on why an appeals court in Chicago should overturn the imprisoned former governor's convictions Wednesday July, 16, 2014 in Chicago. The two-page filing with the U.S. 7th Circuit Court of Appeals refers to an April Supreme Court decision striking down laws that restrict aggregate limits on campaign contributions. (AP Photo/Charles Rex Arbogast, File)


FILE - This March 14, 2012 file photo shows former Illinois Gov. Rod Blagojevich autographing a 'Free Gov. Blago' sign for one of his supporters at his home in Chicago the day before Blagojevich was due to report to prison to begin serving a 14-year sentence on corruption charges. Blagojevich's lawyers submitted an additional argument on why an appeals court in Chicago should overturn the imprisoned former governor's convictions Wednesday July, 16, 2014, in Chicago. The two-page filing with the U.S. 7th Circuit Court of Appeals refers to an April Supreme Court decision striking down laws that restrict aggregate limits on campaign contributions. (AP Photo/M. Spencer Green, File)


CHICAGO — Prosecutors responded Friday to a new argument in Rod Blagojevich's appeal, saying the imprisoned ex-governor's lawyers misrepresented a recent U.S. Supreme Court ruling in a separate campaign-finance case.

The Illinois Democrat is currently serving a 14-year prison sentence for corruption — including for seeking to sell or trade an appointment to President Barack Obama's old U.S. Senate seat for campaign contributions or a job.

In a filing earlier this week, his lawyers said a high court ruling in McCutcheon v. the Federal Election Commission in April bolstered their view that Blagojevich was engaged in legal, run-of-the-mill political horse trading, not corruption.

The McCutcheon ruling, they argued, found that soliciting contributions crosses the line into corruption only when a politician makes a clear, explicit promise to take official action in return for a donation.

In that context, defense attorneys said the trial judge was wrong to set a lower standard for jurors by telling them, to convict, they only needed to find that Blagojevich sought donations "knowing or believing" it would be given for some official act.

But in their Friday response, filed with the U.S. 7th Circuit Court of Appeals in Chicago, government attorneys said Blagojevich's legal team hadn't correctly characterized the Supreme Court's findings in McCutcheon.

"The decision provides no support for Blagojevich's argument on appeal," the two-page filing says. "Nothing in the (McCutcheon) decision suggests that an exchange of contributions for specific official acts is quid pro quo corruption only if the arrangement is stated 'explicitly' or 'expressly.'"

The Chicago-based appellate court has been considering Blagojevich's appeal for more than six months. It's unclear when it might issue a decision.

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