The Grammy Award-winning rapper, whose trial is scheduled to begin late next month, did not submit an optional statement regarding his motion.

Lil Durk has been denied an attempt to dismiss his federal case on murder-for-hire.

In documents obtained by Complex, the December 16 filing explains that Durk (real name Durk Devontay Banks) filed a motion to dismiss and disqualify the ongoing case back on October 6. He argued that U.S. Attorney Bilal A. Essayl had been improperly appointed to his job, because he had been appointed by the Attorney General rather than by Congress. If he’s not “lawfully serving,” Durk’s lawyers argued, then he can’t participate in Durk’s prosecution.

This reconsideration has been denied, and the judge pointed out that the Grammy-winning rapper did not submit an optional statement in November regarding his motion.

Durk has been in custody since his arrest in Miami, Florida in October 2024 for alleged murder-for-hire. The rapper was also charged with possession of a firearm and was accused of ordering affiliates of his Only the Family label to carry out a hit on Georgia rapper Quando Rondo.

The 2020 murder of Durk’s late friend and Only the Family member King Von was allegedly the motive behind the 2022 shooting, although Rondo’s cousin, Saviay’a Robinson, was fatally struck in the incident.

While Durk’s trial is scheduled to begin on January 20, 2026, the case has met multiple challenges, including someone taking pictures of co-defendants OTF Boogie and OTF Dede inside the courtroom. Prosecutors have also urged an anonymous jury in the trial, which Durk and other defendants are adamantly against.

“This blatant violation of the federal rules, and the following widespread dissemination of the photograph, underscores that an anonymous jury is only one of the security measures this court should employ to prevent improper attempts to intimidate and/or influence jurors, ensure a fair trial for all parties, and protect the judicial process,” read a statement.

Additionally, the Chicago rapper has requested a new judge and prosecutor in the case, claiming that the government concealed threats from members of his fanbase.

Durk’s lawyers claim that four graphic voicemails were issued to Magistrate Judge Patricia Donahue in February, with a person threatening to kill the judge and cause widespread upheaval. Also allegedly targeted was murder prosecutor Ian Yanniello.