Former FBI Deputy Director Andrew McCabe’s legal team asked federal prosecutors whether a grand jury refused to indict their client in a late Thursday letter, The New York Times reports. The attorneys reportedly asked D.C. U.S. Attorney Jessie Liu if the grand jury—which convened on Thursday but left with no indictment filed—had decided against filing charges against McCabe. “It is clear that no indictment has been returned,” the lawyers wrote, which could reportedly signal that prosecutors are struggling to make a case against McCabe. The letter came shortly after the Justice Department declined McCabe’s bid to get federal prosecutors to drop the case against him.

According to the DOJ’s inspector general, McCabe permitted aides to speak to a Wall Street Journal reporter about the Clinton family foundation in 2016, and lied to investigators about doing so.