Two weeks after a man was accused of terrorizing the New York City subway system and wounding 10 people, prosecutors and his defense attorneys are sparring over an FBI jailhouse visit to the suspect.

Defense attorneys claimed in a court filing Thursday that agents unexpectedly and improperly took DNA samples from Frank James.

Papers filed in Brooklyn federal court claimed FBI agents entered James’ cell, questioned him, and then took multiple swabs of his inner cheeks for DNA samples. The defense lawyers also suggested the agents didn’t have a search warrant.

The lawyers wrote, “Contrary to standard practice, the government committed this intrusion absent advance notice to counsel, depriving us of an opportunity to be heard or to be present,”

Later Thursday, prosecutors responded by calling the claims “hyperbole.” They said no questioning took place and that the “DNA was obtained pursuant to a judicially authorized search warrant” that could have been known about in advance.