U.S. Justice Department lawyers on Monday urged a federal appeals court to stop any further inquiry into the decision by prosecutors to abandon the case against former Trump national security adviser Michael Flynn, who twice pleaded guilty to lying to the FBI but has since moved to walk away from his plea agreement.

The U.S. Court of Appeals for the D.C. Circuit is weighing whether to erase a three-judge panel decision that said U.S. District Judge Emmet Sullivan has no choice but to dismiss the Flynn case at the request of U.S. Attorney General Willam Barr’s Justice Department. Prosecutors now claim the Flynn case never should have been brought in the first place.