Former FBI leader Andrew McCabe overcame an early hurdle Thursday in a lawsuit challenging his March 2018 firing, as a federal judge in Washington rejected the U.S. Justice Department’s arguments against allowing retaliation and other claims to proceed.

In a 45-page opinion, U.S. District Judge Randolph Moss said some of the Justice Department’s arguments supporting the former FBI deputy director’s termination were based on a “misunderstanding” of his claims, while others turned on disputed factual questions that could not yet be resolved.