According to a report in the Austin American-Statesman, a lawyer representing InfoWars host Alex Jones in a child-custody case alleged in a pretrial hearing that his behavior on the show should not be used to judge his qualifications as a father. “He’s playing a character,” attorney Randall Wilhite allegedly said regarding his client. “He is a performance artist.” However, in a separate testimony, according to the report, Jones’s ex-wife Kelly—seeking to gain custody of her three children with Alex Jones—characterized his public persona as being similar to his private one.

“He’s not a stable person,” she reportedly said. “He says he wants to break Alec Baldwin’s neck. He wants J-Lo to get raped." Three of their children—a 14-year-old son, and 9-and-12-year-old daughters—have lived with Alex Jones since their 2015 divorce. “I’m concerned that he is engaged in felonious behavior, threatening a member of Congress,” Kelly Jones reportedly said, referring to Alex Jones’s recent comments about California Democrat Adam Schiff. “He broadcasts from home. The children are there, watching him broadcast.”

A jury will be selected Monday at the Travis County Courthouse that will be asked to help determine whether there is a difference between Jones’s private and public personas and whether that should influence the custody case. State District Judge Orlinda Naranjo emphasized that it was important to remain focused on the children. “This case is not about InfoWars, and I don’t want it to be about InfoWars,” Naranjo reportedly said at the pretrial hearing Wednesday. “I am in control of this court, not your clients.”

In response to a request for additional comment from The Daily Beast, Wilhite said: “The judge in that case has issued an order prohibiting media communications from parties and attorneys. As such, I will not be able to visit with you.”