The Justice Department suggested it would not be prosecuting former FBI Deputy Director Andrew McCabe in the immediate future in a Wednesday court filing, The Wall Street Journal reports. Responding to a lawsuit filed by nonprofit group Citizens for Responsibility and Ethics in Washington, which is seeking documents on the FBI’s inquiry into McCabe’s alleged role in a leak to the media, the department said it would no longer withhold materials from being released through the Freedom of Information Act. Previously, the DOJ said it couldn’t release the information due to an ongoing investigation.

Judge Reggie Walton gave the department a deadline of this week to tell the court whether federal prosecutors would actually charge McCabe, after a grand jury met to consider charges in September over his alleged misleading of internal investigators about a media disclosure. The grand jury ended up not issuing an indictment, and the department sidestepped the question of McCabe’s status in the Wednesday filing. McCabe’s representatives have not commented publicly on the matter.