An attorney for Justice Seamus P. McCaffery told a common pleas court judge Tuesday during arguments over whether the justice’s defamation suit against The Philadelphia Inquirer should be kept alive that the FBI cleared his client two weeks ago in an investigation the attorney has said was spawned by the articles in question.

Dion Rassias of The Beasley Firm represents McCaffery and Lise Rapaport, McCaffery’s wife and chief judicial aide, in their suit against the Inquirer, Philadelphia Daily News and a number of reporters and editors over articles and a cartoon the couple claim portrayed in a false light Rapaport’s acceptance of referral fees while working in McCaffery’s chambers.