A three-judge panel of the US Court of Appeals for the District of Columbia Circuitheard oral arguments on Friday regarding the decision of Judge Emmet Sullivan to appoint a retired judge to argue against the Department of Justice’s move to drop the perjury charges against Michael Flynn, the former national security advisor to US President Donald Trump.

The DOJ originally requested the charges be dropped in Judge Sullivan’s court, and Sullivan subsequently appointed retired federal judge John Gleeson to argue against the DOJ’s actions. Gleeson released an 82-page memo on Thursday calling the handling of the case by the DOJ a “gross abuse of power.” The DOJ opposed Sullivan’s appointment of Gleeson and appealed the decision to this three-judge panel. The DOJ argued that Sullivan had exceeded his judicial power and the case should be dismissed immediately.

The panel of judges seemed skeptical that Sullivan lacked the authority to take the steps he has. For example, one of the judges, Karen Henderson, stated that she did not “know of any authority that says he can’t hold a hearing before he takes action.”

If this panel of judges does not order Sullivan to dismiss the case, then a hearing over the dismissal motion will be held on July 16 with Sullivan presiding.