According to the appeal, Nassar's attorneys claim that Aquilina

• Stated that the sentencing proceedings were designed to change laws and legislation throughout the world.
• Denigrated Nassar and encouraged the audience and participants to denigrate him and his counsel during sentencing proceedings with minimal comment from the court.
• Publicly identified herself as an advocate of victims of Nassar's abuse through media statements, television appearances and by referring to the survivors as her "sister survivors" prior to the appeals.
• Gave "repeated indications" prior to Nassar's sentencing hearing that she had already determined to impose the highest maximum sentence rather than considering the minimum sentence agreed to Nassar in his plea bargain.

The attorneys also said in the motion that Aquilina openly said she could not impose cruel and unusual punishment, indicated her expectation was he would be harmed in prison and "finally proclaimed, with apparent relish, that she was signing his 'death warrant.'"

The first argument listed in the documents is that a resentencing before a different judge is required because Nassar had a "due process right to be sentenced by a judge free form even the appearance of bias" and that Aquilina was "admittedly not an unbiased and impartial judge."

Nassar's attorneys said in the motion that Aquilina violated sections of the Code of Judicial Conduct.

Nassar's attorneys allege that Aquilina was aware of the public nature of Nassar's case, used public clamor and interests to "push her own agenda for particular legislation... proclaimed she wished she could impose cruel and unusual punishment... expressed her expectation that he would be physically harmed in prison, and finally stated that she was signing his death warrant" and more. 

"From day one of the sentencing, the record indicated Judge Aquilina was well aware of ongoing public scrutiny," they said in the appeal. "Sentencing took place over the course of seven days and involved statements of victims in seven charged counts and 161 other speakers. Allowing speeches from so many people who were not the subject of any charged offense is irregular, but Judge Aquilina stated on the record that she wanted this procedure to provide a 'global resolution' in the case."

Nassar is entitled to resentencing on the basis that Aquilina "violated specific canons, MRC 2.003 and due process," his attorneys said in the court appeal.

The second argument listed in the appeal is that Nassar is entitled to resentencing before a different judge.

"Throughout the course of the sentencing proceedings, designed at least in part by Judge Aquilina to allow over 160 speakers, person after person requested she impose the maximum amount of time on the minimum sentence that was permitted under the plea agreement," the attorneys said. "In response, Judge Aquilina stated she would make a decision about the maximum sentence, but left no doubt that she was always going to impose the highest possible minimum sentence-and even indicated she might have sentenced Dr. Nassar to death had it been allowed under Michigan law."

The motion also states that "Aquilina's efforts to demonize Dr. Nassar in front of the entire world were successful" because Nassar was almost attacked inside the courtroom during his Eaton County sentencing hearing and was also attacked in federal prison.

During the second day of Nassar's sentencing in Eaton County, Randall Margraves, the father of three survivors, asked Cunningham for “five minutes alone in a locked room” with Nassar. 

Margraves then lunged across the courtroom to attack Nassar, but was held back by security before he got to him.

Nassar is currently in a federal prison in Tuscon, Arizona.

He pleaded guilty to seven counts of criminal sexual conduct and was sentenced to 40 to 175 years in Ingham County, pleaded guilty to three counts of first-degree criminal sexual conduct and was sentenced to 40 to 125 years in Eaton County and was sentenced to 60 years on child pornography charges. 

More than 300 women and one male have come forward as survivors of Nassar's sexual abuse.

As of late June, Nassar also faces six additional charges of sexual assault at a Texas gymnastics training center.