A federal judge has rejected a bid by Clinton campaign lawyer Michael Sussmann to “strike” a “factual background” section of Special Counsel John Durham’s early February court filing.

Last month, Sussmann’s legal team filed a motion demanding that the court remove portions of the Feb. 11 filing that included the “Factual Background” section by claiming that it would “taint” a jury, Fox News reported Thursday evening.

“I’m not going to strike anything from the record,” noted U.S. District Court for the District of Columbia Judge Christopher Cooper during a status hearing. “Whatever effect the filing has had has already passed.”