Harvey Weinstein is not happy with the judge presiding over his trial, and on Wednesday, his defense lawyer Arthur Aidala presented a letter to Judge James Burke, seeking his recusal from the case.
"We write to seek recusal of Your Honor," the letter stated per Variety.
Aidala then argued that Burke's Tuesday reprimand of Weinstein's courtroom cell phone usage had demonstrated "animus towards the Defendant" so severe, it called his impartiality into question. Weinstein's lawyers asked Burke to step down from the trial.
But Burke was unmoved by the letter and turned them down flat.
"There's nothing prejudicial or inflammatory [about] scolding a defendant," said Burke in a rebuttal which reportedly lasted 15 minutes. "If using strong or even hyperbolic language succeeds after stern admonishments have failed, then the court has accomplished its goals."
"Your client was noncompliant and defiant and challenging to court officers when asked to put away his phones" on at least three occasions, said Burke.
Weinstein is currently on trial in New York, but last week, Los Angeles filed four more charges against the shamed Hollywood exec, so he's likely headed to trial after that.