The Biden Justice Department will appeal a federal judge’s order to disclose a Barr-era memo about Special Counsel Robert Mueller III’s report, government attorneys said in a filing late Monday night that included a rare apology.

U.S. District Judge Amy Berman Jackson earlier this month ordered officials to release an Office of Legal Counsel memo cited in declining to prosecute then-President Donald Trump over Mueller’s findings. In the redacted opinion, Jackson said the Department of Justice made “disingenuous claims” in trying to shield the document and the memo itself “calls into question” then-Attorney General William Barr’s claim that Mueller left it to the attorney general to determine whether Trump’s conduct was criminal.