Davila, an appointee of President Barack Obama, suggested that most of the work Holmes’ defense needed to do could be accomplished from home. And to buttress his point, he’d apparently done a little research of his own: pulling up a statement Williams & Connolly issued recently about how robustly its work was continuing despite the health crisis that has frozen large chunks of the economy.

The judge noted that the firm’s claim that it was well-positioned to use its “outstanding IT capabilities” to provide “uninterrupted” service to clients.

“I recognize the current crisis in this country is challenging us in many different ways,” Davila said. “My sense is your firm faces the challenges we all face now.”

Davila seemed untroubled by the notion of any double standard, though it wasn’t entirely clear he’d grappled with that issue. “The government is facing similar hurdles, I presume,” he said.

Prosecutor Robert Leach said the defense’s request was “vastly overbroad.” He actually raised Barr’s memo and said that “notwithstanding” the directive, prosecutors were facing many of the same challenges the defense mentioned, including witnesses canceling in-person meetings. “We have the same IT obstacles that we’re pushing through,” he said.

Leach did not say whether prosecutors and investigators on the case have been teleworking or working from their offices.

Ultimately, Davila said he wasn’t looking to pressure anyone involved in the case to do anything that violates any state or local directives or puts someone’s health in danger. And he said he wasn’t hell-bent on the July 28 date he set for jury selection, if circumstances make that imprudent.

“We’re in a different landscape now,” the judge said, calling the pandemic “a terrible scourge.”

The judge also mused about the concerns some potential jurors may have about spending weeks or months in a courtroom after being told to limit sustained exposure to large groups.

“That’s not lost on me,” Davila said. “The most important thing to me is everyone’s health.”

The San Jose, Calif. federal courthouse where the trial is to take place is completely closed through April 7 because of a visitor who later tested positive for the virus.

All federal courts have suspended jury trials for several weeks or longer as the result of the pandemic. Some criminal proceedings like arraignments and bail hearings are taking place, but many court sessions have been postponed. Those that are going forward typically take place via teleconference or video conference.

Lawyers said the fairness issues raised in the Theranos case could grow more intense as time wears on, but that for the most part they are being deferred as judges postpone trials, pleas and sentencings. In addition, defense lawyers who work directly for the federal government could claim the same immunity Barr asserted in his memo, leaving the situation of greatest concern for court-appointed lawyers and private defense counsel.

While Davila signaled some flexibility Wednesday about the trial date for Holmes, he declined to immediately delay it. He said he’ll hold another hearing on April 15 to hear from both sides about what they think is feasible.

Holmes and former Theranos president and chief operating officer Ramesh “Sunny” Balwani were indicted in June 2018 on charges that they deceived investors, patients and doctors about the accuracy of the miniaturized blood testing equipment at the heart of the tech firm’s business.

Theranos officials claimed its machines could perform hundreds of tests on a fingerstick of blood, potentially revolutionizing health care and dramatically lowering costs. However, according to prosecutors, the equipment was plagued with problems and never came close to delivering what Holmes and Balwani asserted.

Holmes and Balwani have pleaded not guilty to the charges and are free pending trial. Each faces two counts of conspiracy to commit wire fraud and nine counts of wire fraud.

While the two were charged together, the judge ruled last month that they will be tried separately and Holmes would go on trial first.

The high-flying firm first ran into turbulence in 2015 after the Wall Street Journal published an investigation of problems with the company’s tests and on-site lab. The firm mounted an aggressive campaign against the Journal story, but eventually succumbed to a cascading series of whistleblower complaints, government inquiries and journalistic exposes.

At its height, the company attracted widespread acclaim and assembled a politically connected board, including former secretaries of State George Shultz and Henry Kissinger, former Sens. Sam Nunn (D-Ga.) and Bill Frist (R-Tenn.), and Gen. James Mattis, who went on to serve as Defense secretary under President Donald Trump.

The outside board members have said they were unaware of any deception. None is charged in the case.