Prosecutors have reportedly been authorized by the Justice Department to pursue an indictment against former acting FBI Director Andrew McCabe for lying to investigators, The Washington Post reports. While the DOJ reportedly notified McCabe’s legal team about the move, it is unclear whether he will be charged. His legal team was reportedly told last month that prosecutors had recommended charges against him, and that D.C. U.S. Attorney Jesse Liu had endorsed the decision. McCabe’s lawyers reportedly appealed the decision to Deputy Attorney General Jeffrey Rosen as a means to avoid an indictment. However, a Wednesday message from Rosen reportedly stated that the DOJ had rejected their appeal.

McCabe acknowledged that he allowed two FBI officials to speak to a reporter about the Clinton email investigation and a probe into the Clinton family foundation, though he initially denied it. The DOJ’s inspector general said McCabe lied four times, including three times under oath.