A federal appeals court on Wednesday expressed doubts about giving the Justice Department another chance to keep private a memo on prosecuting then-President Donald Trump based on the findings from Special Counsel Robert Mueller III, based on the government’s flawed arguments previously made in the case.

But Sarah Harrington—who oversees civil appellate litigation at the DOJ—on Wednesday told the panel of judges that U.S. District Judge Amy Berman Jackson of the District of Columbia should have considered the memo itself as part of the record in the case, and that it was “self-evidently” privileged.