The judge presiding over Derek Chauvin’s murder trial suggested Monday evening that Rep. Maxine Waters’ (D-CA) call for protesters to “get more confrontational” if the former cop is let off the hook could boost the defense’s appeal—and even lead to the trial being overturned. “Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned,” Judge Peter Cahill told Chauvin’s defense lawyer, Eric Nelson, on Monday after jurors began deliberating. The shocking comment came after Cahill denied Nelson’s motion for a mistrial, in which the defense attorney cited the lawmaker’s comments over the weekend. Republicans were quick to attack Waters over the remark, with House Minority Leader Kevin McCarthy (R-CA) accusing her of “inciting violence.”

“This goes back to what I’ve been saying from the beginning,” Cahill said. “I wish elected officials would stop talking about this case, particularly in a manner that is disrespectful to the rule of law and the judicial branch in our function. Their failure to do so is abhorrent, but I don’t think it has presented us with additional information that would prejudice the jury.”