You probably have heard by now that Rod Blagojevich isn't going to testify. It's surely a smart move. The papers don't like it and it may not be popular PR wise, but his freedom is on the line. It appears that the Government held back some of their case to go after him on cross-examination and/or rebuttal. The Feds may have made an error that will set Blago free. Yet he may still have his opportunity to speak to the jury.
His attorney is one of the most polished and entertaining lawyers around and you can bet that most of the closing argument will be him hammering the Government's case. But nothing prevents Blago from doing all or part of the closing argument himself. He can't offer any evidence, but he can certainly explain things away while arguing on his own behalf.
It would be gutsy and rare and likely won't happen. But it certainly could and if he pulls it off it would be the legal equivalent of having your cake and eating it too because the Feds wouldn't be able to ask him one thing. We'll see.
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