kgosselinfiresback.jpg Even though Jon Gosselin's attorney Mark Jay Heller proclaimed on Larry King last night that "pulling the plug" on Jon & Kate Plus 8 (er, Kate Plus Eight) was a "done deal," Kate's legal mouthpiece begs to differ!

On The Today Show this morning, lawyer Mark Momjian said, "These parties entered into an agreement once the divorce action was filed that allowed each parent - who had physical custody of the children - to make the filming decisions when the children were with them."

"When the children are with Kate, Jon agreed that Kate would make the filming decisions involving the kids," he added. "[Kate] really does want to engage Jon, it's just that he's not engaging her back. And that's really regrettable in any custody case. His active participation and encouragement of the show involved all the children and a decision by both parents to include the children and continue production. [Kate] is going to honor her contract. She'd like to continue with the show. She loves doing the show."

So what does Jon have to say to that? His attorney released the following statement:

    "Jon wants to thank everyone who is supporting his decision as a father and realizes that the environment for his children to be filming while he is going through a divorce with his wife understands that he does not that is the best set of circumstances for him to be under. He doesn't want the kids on the show because he is going through a divorce with his wife and he doesn't feel its a suitable environment mentally and emotionally for them right now."