Attorneys for former Gov. Rod Blagojevich filed a motion Monday asking Judge James Zagel for a mistrial.
Filed Monday morning with U.S. District Court in Chicago, the motion argued the government failed to prove the corruption allegations against Blagojevich during their three-week case.
Prosecutors rested last week, and defense attorneys are expected to put on their own case when the retrial reconvenes Wednesday.
The mistrial motion also cited the inability of the defense "to ask any meaningful questions" in cross-examination. Prosecutors objected to questions from the defense more than a hundred times during the cross-examination of some government witnesses.
The judge was meeting with defense attorneys Monday to discuss instructions for jurors once they withdraw to deliberate in coming days. He could possibly address the mistrial motion later Monday.
The defense also filed an objection to the proposed jury instructions .
The defense has filed numerous motions throughout both trials asking for mistrials and have yet to be granted one.
In the meantime, Mayor Rahm Emanuel said he'll answer questions in the Blagojevich case if he's asked to do so, but he would not say whether he's been subpoenaed.
Emanuel was on the Obama transition team when Blagojevich was arrested, and one of the allegations against the former governor is that he wanted to withhold a state grant for a school in then-Congressman Emanuel’s Chicago district until Emanuel's brother, hollywood agent Ari Emanuel, held a fundraiser for him.
Emanuel is not accused of wrongdoing.
The defense has not publically stated who they will call to the stand.
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Visit the "Who's Who" page to learn more about the former Illinois governor , his co-defendants, inner circle, the legal team and what people like President Obama , Sen. Dick Durbin and other high-profile people have to do with the case. >>