WASHINGTON — A judge has thrown out a conviction for an activist who was arrested when he laughed during Attorney General Jeff Session’s Senate confirmation hearing.

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

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. She attended the hearing along with about two dozen other members of Code Pink, a progressive activists group.

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

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