The Justice Department said Tuesday it intends to continue pursuing a prosecution of former FBI Director James Comey.

The statement came in court filings responding to a lawsuit by Comey’s friend and former lawyer, Dan Richman, who seeks to block the government from using his property as evidence.

The move follows the dismissal of Comey’s previous indictment and a judge’s temporary restrictions on the DOJ’s use of certain evidence in grand jury proceedings.

The department described the case as both a “pending criminal investigation” and a “potential federal criminal prosecution,” CNN has reported.

DOJ argued that Richman’s lawsuit is an attempt to interfere with its ability to investigate and prosecute Comey.