Former Illinois Rep. Aaron Schock’s lawyers want to ask the Supreme Court to review his corruption case.
Schock’s attorneys asked U.S. District Judge Colin Bruce to continue a stay on his case while they file the necessary paperwork, the Peoria Journal Star reported.
In April, Schock asked for a judge to throw out the case. But in May, the 7th Circuit Court of Appeals in Chicago denied the motion to dismiss charges on the grounds that it lacked jurisdiction.
Schock is currently facing fraud and federal theft charges based on accusations he used campaign and government money for personal expenses.
“The Seventh Circuit acknowledged that its opinion creates a conflict among the circuits about interlocutory appeals, in criminal cases, based on institutional arguments about the separation of powers,” the motion said.
Schock’s attorneys expect the conflict about jurisdiction to assist his case since the court tends to take questions of constitutionality or differing opinions from different circuits.
Bruce previously ruled the first five counts against Schock of wire fraud, mail fraud, making false statements and theft of government money did not run afoul of the Rulemaking Clause, which prevents judges from interpreting rules imposed by the U.S. House of Representatives, the Journal Star reported..
The charges were related to Schock allegedly being improperly reimbursed for mileage on a car.
Last week, lead prosecutor Timothy Bass withdrew from the case without giving any particular reason. Schock’s legal team has accused prosecutors of trying to mislead the court.
Schock told WLS then that “there is no doubt the government violated my rights. And there is no doubt the government lied. The only question now is whether they are above the law or held to the same standard as the everyday Americans they seek to prosecute.