The Justice Department was unsuccessful in preventing the deposition of former President Donald Trump in a case involving two former FBI agents.

According to The Hill, Judge Amy Berman Jackson declared last month that she would permit Trump to be questioned under oath in the lawsuit filed by disgraced FBI agents Peter Strzok and Lisa Page.

The Department of Justice appealed this ruling.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit upheld Jackson’s decision on Friday, rejecting the effort to halt Trump’s deposition.

According to The Washington Post, Trump has not sought to evade deposition.

The Post reported that the judges appointed by Democratic presidents supported Trump’s interrogation by a vote of 2-1. The judge who dissented was appointed by a Republican.

The ruling noted that Jackson “limited the deposition to two hours, and to a narrow set of topics” and that the deposition would not be published.

Strzok is suing the FBI for unlawful termination, per The Hill. Page is suing for privacy invasion.

While investigating the refuted claim that the Trump campaign had connections to Russia, the two became embroiled in scandal in 2018 when it was revealed that they were messaging each other about how much they detested Trump.

At the time, the two were in a relationship. Strzok was dismissed in response to the outcry, and Page resigned.

Trump’s testimony is unnecessary, according to the DOJ’s attorneys, because FBI Director Christopher Wray and former Trump chief of staff John Kelly have already been deposed in the case.

The Hill reports that Kelly testified that Trump “wanted to see Mr. Strzok fired” and contemplated other actions against the former agent.

“Only the most extraordinary of circumstances would justify allowing a plaintiff to depose a former high-level official about actions he took in the course of his official duties. This case falls far short of that standard,” the lawyers had argued.

However, the appellate court agreed with Jackson that “‘extraordinary circumstances’ warranted the deposition of the former President.”

The case has now been returned to Jackson.