John Edwards may have cheated on his dying wife, but he won’t be cheated out of a criminal trial.

A U.S. District Judge in North Carolina on Thursday denied a request by the two-time presidential candidate to dismiss the criminal charges against him, the Associated Press reported. Trial is set for January.

He’s charged with using campaign funds to cover up an affair with campaign videographer Rielle Hunter, and submitting false campaign finance reports as part of the cover up. Hunter had a child with Edwards.

AP reported that Edwards was in the courtroom, but displayed no visible reaction to the decision.

AP reported that Edward’s defense team argued that the fed’s case depends on novel legal arguments, which have never been validated by the court.