The federal trial of Rep. Duncan Hunter will not begin before Election Day, as originally planned, which means the California Republican will face the voters under the cloud of a criminal proceedings.

Hunter’s trial on charges that he and his wife allegedly misused $250,000 in campaign funds will begin Nov. 22.

The trial was expected to start on Nov. 1, which fell within the 70 days since the indictment was first filed. But new discovery material and a hearing scheduled for Sept. 24 has pushed the 70-day deadline back to Nov. 22. Federal Judge Thomas J. Whelan denied a request for Hunter to not appear at a hearing on Sept. 24, saying that “he need[ed] to be treated like everyone else.”

The House is not scheduled to be in session on Sept. 24. 

Hunter was met by protesters outside the San Diego federal courthouse Tuesday where he was due at a hearing on the 60 federal charges against him and his wife, Margaret.

Duncan Hunter arrives at Federal Court to chants of “Hunter’s gotta go!” @nbcsandiego pic.twitter.com/HgQ7p8ykMd

— Audra Stafford📺🎬🎭 (@SDentertainment) September 4, 2018

The couple were indicted by a federal grand jury in late August for allegedly using $250,000 in campaign funds for personal expenses and covering their tracks in campaign finance filings to the Federal Election Commission. They both pleaded not guilty to the charges at an arraignment days later.

Despite Hunter’s legal trouble, Inside Elections with Nathan L. Gonzales still rates the race Likely Republican. His Democratic challenger, Ammar Campa-Najjar, is releasing a 30-second ad Thursday that highlights details in Hunter’s federal indictment and encourages voters to read it for themselves.

In a tweet Monday, President Donald Trump lashed out at Attorney General Jeff Sessions for the recent indictments against Hunter and New York Republican Rep. Chris Collins.

Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff……

— Donald J. Trump (@realDonaldTrump) September 3, 2018