"I got the transcript," the judge said. "I didn't use the word jail, you used the word jail. But to put you at ease, Mr. Adam, jail is not in the picture and never was in the picture. I don't know where they lock up lawyers for making objection statements, but we don't do it here."..."So if you were wondering who you were going to give your watch to, you don't have to worry about that," he said.

The Judge also made it clear he wasn't fooled by Adam's request for the instruction: He never wanted those witnesses to testify because they would have been unfavorable to Blago.

"I don't believe that there was ever, in this case, a desire by the defense to actually have these witnesses here, on the fear that some of what they had to say would be favorable to the government," Zagel said.

"You'd rather have a witness not appear and then tax the government with their non-appearance," he continued. "But the government can't be blamed for their non-appearance."

"That's the status that I explained very clearly on Friday, yet you wait until the moment before closing arguments to start to make a big fuss over this," the judge said.

And, the Judge said if Adam mentions the missing witnesses being within the Government's power to produce but they chose not to, he will allow the Government to respond. Will he make the Government wait until the end of their argument to respond? Probably not.