The lead defence attorney in the impeachment case of disgraced Illinois Gov. Rod Blagojevich says he plans to resign.

Ed Genson announced his pending resignation on Friday.

"I never require a client to do what I say, but I do require them to at least listen," Genson said Friday. "I intend to withdraw as counsel in this case."

The decision comes a day after Blagojevich's defence team sent mixed signals over whether the governor will file a lawsuit to block his impeachment trial in the state senate.

Defence attorney Samuel E. Adam told the Associated Press on Thursday that a lawsuit could be filed with the Illinois Supreme Court within days, but Genson told the Chicago Tribune that no such lawsuit would be filed.

It now remains unclear whether Blagojevich will ask the Illinois Supreme Court to block the trial.

Genson did not state when his resignation will occur, but for it to be official, he must state his intentions in court.

Blagojevich's impeachment trial is scheduled to begin on Monday.

The governor has stated he will not participate in his trial next week because he’s being denied the tools to properly defend himself.

'They're just hanging me'

Blagojevich, who is accused of trying to sell the federal Senate seat vacated by U.S. President Barack Obama, said that under the current Illinois senate rules, his constitutional rights are being violated. He said he is not being allowed to call witnesses or challenge the charges against him.

“They’re just hanging me and when they hang me under these rules that prevent due process, they’re hanging the 12 million people of Illinois who twice have elected a governor,” he said at a news conference Friday.

Blagojevich was impeached by the state house of representatives. That means he now faces a state senate trial to determine whether he will be removed from office.

The senate rules bar testimony from anyone federal prosecutors say would jeopardize the criminal corruption trial against him

Blagojevich said one rule allows charges to be brought forth in a report that cannot be challenged, contested or refuted.

“That’s a gross violation of the constitutional principle that exists. It’s a violation of the freedoms we enjoy as Americans,” he said.

“If I were to participate in that proceeding, then I would violate my oath of office, because I took an oath of office when I swore on a Holy Bible that I would support the constitution of the United States and the constitution of the State of Illinois."

'Me against the system'

In a string of recent interviews, Blagojevich has been painting himself as a victim of vengeful legislators eager to toss him from office.

"The heart and soul of this has been a struggle of me against the system," Blagojevich said Friday.

Blagojevich needs 20 of the state senate's 59 members to vote for his acquittal in order to remain in office.

The state senate impeachment trial could have him removed him from office within days.

With files from the Associated Press