Judge James Zagel has shot down prosecutors' request to put a gag order on Rod Blagojevich, arguing that the ex-governor is doing little damage with his vague and repetitive statements.
"It is reported to me," Zagel said, "that one defendant (brother Robert Blagojevich) says nothing about anything, and the other defendant (Rod Blagojevich) says one of two things: One, I am innocent, or two, all the witnesses against me are lying."
"If this is what he keeps doing, I don't think it's that big a deal," the judge said.
Prosecutors requested the gag order after Blago publicly blasted former friend and government witness Lon Monk after his testimony earlier this month, calling him a liar and saying his parents should be ashamed. The government said today they were worried Blago would do so again with John Harris and others.
Zagel said they would deal with that situation if it arises.
The defense team did agree to not make any public statements questioning the credibility of witnesses. That concession appeared to appease the judge.