The judge can only deal with what's presented to him.
Blame lawyer Gibbs for being clueless in a federal court.
As I understand it, that was not the time or place for presenting evidence but simply a request to step back and look at everything anew. During that extension evidence not previously considered, evidence presented but ignored, and new evidence would be presented and reviewed. This would have cleared up all the confusion and eliminated conversations like this. To deny that seems unreasonable to me.