Attorneys in the U.S. Department of Justice on Wednesday filed notice of appeal to the U.S. Court of Appeals for the Second Circuit in the writer E. Jean Carroll’s defamation lawsuit against President Donald Trump, indicating that the government will continue to seek to substitute the United States as the defendant in the case.

In late October, U.S. District Judge Lewis Kaplan of the Southern District of New York rejected the government’s motion to substitute, finding that Trump is not a government employee within the meaning of the Federal Tort Claims Act.