A judge has tossed out Virginia Lt. Gov. Justin Fairfax’s libel lawsuit against CBS, which accused the news network of biased reporting on the sexual assault accusations made against him. According to the Associated Press, U.S. District Judge Anthony Trenga dismissed Fairfax’s $400 million lawsuit but denied CBS’ request to be awarded attorney’s fees—shooting down the network’s claim that Fairfax’s lawsuit was an abuse of the legal process. The lieutenant governor filed the lawsuit in September, after CBS aired interviews with two women who said they were sexually assaulted by Fairfax over 15 years ago. Fairfax accused CBS of reporting the story in a way that insinuated his guilt, while CBS said Fairfax’s legal action was being used to attack his accusers.

Fairfax said he would appeal the judge’s decision, claiming he was denied the “opportunity to establish the truth, clear my name and get justice.” He said he would not stop until the “political smear campaign” was put to an end.