Former President Donald Trump will soon seek a mistrial in the ongoing New York civil fraud case brought by state Attorney General Letitia James that has seen him feud intensely with the judge.

During a Sunday appearance on Fox News, Trump attorney Alina Habba confirmed that the team planned to file for a mistrial “very soon.” Complicating matters, however, is the fact that the same judge who has handled the trial will consider the request.

James has alleged that Trump manipulated the value of his assets to secure favorable loan terms and lower insurance premiums. She further seeks $250 million in damages and an order barring Trump from doing business in the Empire State.