* This would be funny if it wasn’t so serious…

With opening statements in his trial just hours away, Rod Blagojevich makes a last-ditch effort to throw out his case that is an “improper criminalization of his rights under the First Amendment,” according to a filing.

“In this case, the defendant was engaged in political speech and expression. The government alleges that the political process in which he was engaged was criminal. This is a violation of the defendant’s rights of freedom of speech and expression afforded him under the United States constitution,” the filing reads.

More…

The idea that Blagojevich was just talking politics when he was captured on undercover recordings in the case is expected to be a key theme today in the opening statement of lawyer Sam Adam Jr.

“This prosecution violates fundamental free speech,” the motion states. “The marketplace of ideas is critical to Democracy.” […]

The defense motion states that Blagojevich never formed the intent to commit a crime and had “the right to vigorously debate about different options for appointments and different fundraising strategies.”

Yeah, talking about extorting bribes, kickbacks, etc. is all protected speech. Right. Good luck with that one.

*** UPDATE 1 *** More…

The attorneys also filed a motion seeking permission to question one of the prosecution’s key witnesses, Stuart Levine, about matters the judge has ruled out of bounds. They also want the judge to toss out a count that claims Blagojevich made false statements to federal agents.

Heading into the courthouse, Blagojevich told reporters that prosecutors “hid the truth and are keeping it in a locked box.”

And from commenter 32nd Ward Roscoe Village…

BGA’s Andy Shaw just announced on WBEZ’s 848 that Rod will be going with the “Advice of Counsel” defense; that anything he said he did on advice of counsel who was in the room and so that makes it okay.

[ *** End of Update 1 *** ]

* The public is lining up for tickets for today’s opening statements like it’s a major rock concert…

Spectators were reportedly out on Dearborn Street at 4 a.m.

All of the tickets to the courtroom were dispensed by 7:30 a.m. […]

As far as supporters bearing signs of support, haven’t seen any.

Well, almost like a rock concert. They’re in it for the spectacle, not for love.

* Meanwhile, Gov. Pat Quinn says he’s not worried about the political fallout from the trial…

In his first public appearance since jury selection began in the Blagojevich trial last week, Quinn said voters will understand that he’s always been an “independent guy.” Quinn noted that he pushed to get a recall provision added to the ballot two years ago.

“I was the one who led the effort for recall, and Gov. Blagojevich opposed me when I was trying to get recall on the ballot in 2008,” Quinn said. “I think he would have been recalled if that happened. But, we got it done for 2010, so this year people get a chance to vote for recall. I think in a a lot of ways that is one of the key reforms that came out of what happened during his time.”

During the 2006 campaign, then-Lt. Gov. Quinn defended Blagojevich, who already was beset by corruption investigations into his administration.

“In all my interactions with him, I’ve found him to be an honest person,” Quinn said at the time.

Since then, Quinn has refused to apologize for defending Blagojevich during the 2006 campaign.

*** UPDATE 2 *** From the indispensable Natasha Korecki, we get these admonishments from Judge Zagel to Rod Blagojevich. No tweeting and watch your mouth, stupid…

“I do not anybody in the well of the court using twitter during trial,” Zagel said.

The judge also warned Blagojevich that public statements he’s made before some days and on radio and television could come back to haunt him.

“You do get to a certain point in time where if you make a lot of statements. . . and you wind up testifying on the witness stand,” questions that have to do with “impeachment” might arise, Zagel said. “There is a risk . . . by repeated public statements outside the courtroom.”

Also just in from Koreck, the judge has just announced the 12 jurors and 6 alternates…

They include a legal assistant in her 20s, an African-American public school math teacher, a retired director for a state public health department and an accounting student from Western Illinois University.

And here’s some video of the disgraced former governor before today’s proceedings…

*** UPDATE 3 *** Once again, Korecki comes through. Here’s the jury…

103, a quiet-spoken woman in her 20s who works as a full-time legal assistant
105, an African-American woman who teaches math to sixth- and seventh-graders in public school; her husband is a state probation officer
106, a female retired director for state public health department who has served on two juries before
115, a blond woman in her 30s or 40s who has worked in retail for the past 15 years; a fan of boating and gardening, she reads news “only for the weather”
119, a mother in her late 20s or early 30s who works in investment accounting and is an avid runner
121, a female accounting student at Western Illinois with an interest in law; her father is a police officer
123, a male human resources manager in his 30s who volunteers for family shelter and has done volunteer work for political candidates
127, a woman in 50s or 60s who likes reading and crafts like knitting and cross-stitch.
128, a young community college student and former Best Buy salesman who likes sports, videogames and hanging out with his friends
133, a man who has had a hip replacement and was concerned about sitting for long periods
135, a man in his 60s who said he was born in a Japanese internment camp in California
137, a retired Navyman who works full-time
148, an African-American, church-going man who worked as a letter carrier for 30 years; has served on two juries in the past, one of which did not reach a verdict.
151, a mechanical engineer with a graduate degree who supervises a crew of 30 at a steel company
153, female secretary/paralegal in the real estate department of a law firm
155, a secretary at Northwestern Memorial Hospital who volunteers at her church
156, young women who works in direct mail marketing and likes spending time with her boyfriend and her dog
166, a female, African-American social worker for a nursing home with a college degree

* Roundup…

* Video of Blagojevich leaving the federal building yesterday

* Star attorney expected to take stage at Blagojevich trial today

* Blagojevich trial: Opening statements will be a study in contrast: As courtroom styles go, it is hard to imagine a more stark contrast than the ones that will be on display Tuesday when prosecution and defense lawyers make their opening statements in the federal corruption trial of former Gov. Rod Blagojevich. Think Joe Friday versus Chris Rock.

* Blagojevich Trial Opening Statements Today

* With jury pool in place, Blagojevich trial to start

* It’s show time for Blagojevich prosecutor

* Warring sides to take stage in Blagojevich trial

* No Liz Lemons in this jury pool

* Blog-ojevich: Tweets and posts from the trial

* Blagojevich trial: An annotated Twitter feed

* Three State Workers Among Jury Selection for Blagojevich Trial