A federal appeals court has agreed to hear James “Whitey” Bulger’s claims that the judge set to preside over the notorious gangster’s trial should step aside because of his close ties to the Justice Department and the FBI.

The US Court of Appeals for the First Circuit has set a Jan. 8 hearing and has asked prosecutors to weigh in on Bulger’s claims by Dec. 27. US District Court Judge Richard Stearns, who has denied he has a conflict of interest in the matter, may also weigh in if he chooses.