Feds listened to Blagojevich brother's calls with wife

"My client is appalled," said defense attorney Michael Ettinger, who represents the governor's brother, businessman Robert Blagojevich.

Ettinger asked U.S. District Judge James B. Zagel to bar federal prosecutors from using the conversations between Robert Blagojevich and his wife, Julie, as evidence if the case goes to trial.

He said in court papers that "some of these recorded conversations involve private matters of the most intimate nature" and were plainly covered by a doctrine of "marital communication privilege."

Ettinger also said 88 of the 1,524 calls intercepted by the FBI from Robert Blagojevich's phone were from his son, Alex. He said they also should be ruled out if the case goes to trial.

Federal prosecutors could not be immediately reached for comment.