Returning from a lunch break, Judge James Zagel denied a motion for acquittal filed by the defense.
Defense attorney Lauren Kaeseberg argued the counts against the ex-governor have gone unproven. "At best, what the evidence shows is an attempt to attempt," she said.
Zagel responded that there has been sufficient evidence, particularly when taking into account not just the words on the transcripts, but the tone of voice of people speaking on the tapes.
The judge also responded to another defense theme -- that Blagojevich was working under the constant eye of lawyer-advisers while committing his alleged crimes. While this might be true, Zagel noted, it could just be proof that the lawyers themselves were in on the conspiracy.