WASHINGTON (AP) — A judge has thrown out a conviction for an activist who was arrested after laughing during Attorney General Jeff Session’s Senate confirmation hearing.

Judge Robert Morin, the chief judge of the D.C. Superior Court, on Friday ordered a retrial for Desiree Fairooz.

Fairooz, of Bluemont, Virginia, laughed when a senator said Sessions had a record of “treating all Americans equally under the law” during a Jan. 10 hearing, which she attended along with about two dozen other members of Code Pink, a progressive activists group.

According to a statement from the group, the judge said Friday that Fairooz should not have been tried for laughing, but only for speaking out as she was removed from the hearing room.

Court records show a new trial has been scheduled for September.