A convicted military contractor who learned authorities were probing alleged threats he made against a judge waived his right to seek the judge’s recusal based on the threat of investigation, another judge has concluded.

David H. Brooks asked Eastern District Judge Joanna Seybert to remove herself from his case in December 2013, but Judge Arthur Spatt said Brooks had already waived his right to make such a motion when he and his defense team learned five months earlier of the investigation into the accusations the prosecution agreed were baseless.