Biden’s Justice Department announced Monday night it plans to appeal a court ruling that called for the release of a legal memorandum the Trump’s Justice Department prepared for former Attorney General William Barr before announcing his conclusion that former President Trump didn’t obstruct justice during the Russia investigation. The DOJ appealed to U.S. District Judge Amy Berman Jackson just before the midnight deadline on Monday.

Fox News reports:

The department, which is led by Attorney General Merrick Garland, said in a court filing that the government “acknowledges that its briefs could have been clearer, and it deeply regrets the confusion that caused. But the government’s counsel and declarants did not intend to mislead the Court.”

The judge said earlier this month that Barr’s Justice Department had obscured “the true purpose of the memorandum” when it withheld the document.

Jackson chastised Barr for his general handling of the Robert Mueller report, saying his “characterization of what he’d hardly had time to skim, much less, study closely, prompted an immediate reaction, as politicians and pundits took to their microphones and Twitter feeds to decry what they feared was an attempt to hide the ball.”

Garland’s decision will likely result in some backlash from Democrats, who have called for transparency.

Reuters first reported that the appeal will upset Democrats noting that a group of Senate Democrats sent a letter to Garland urging him not to appeal Jackson’s decision.