Hillary Clinton campaign lawyer Michael Sussmann should be granted a mistrial because of witness testimony that revealed he may take the Fifth in his trial for allegedly lying to the FBI, his lawyers argued Wednesday night.

In a motion to strike – “or alternatively for a mistrial” – Sussmann’s attorneys said testimony under cross-examination by Marc Elias, the Clinton campaign’s former general counsel, was “nonresponsive and prejudicial.”

When asked by Sussmann attorney Sean Berkowitz if the embattled lawyer passed information to the FBI on behalf of the Clinton campaign, Elias responded, “you’d have to ask Mr. Sussmann.”