The U.S. Court of Appeals for the District of Columbia Circuit held a hearing by teleconference Tuesday in regards to former Secretary of State Hillary Clinton‘s efforts to avoid testifying under oath about the email scandal that dealt a blow to her unsuccessful candidacy for the presidency in 2016.

This hearing was held as a result of a Freedom of Information Act (FOIA) lawsuit that aims to obtain records dealing with “talking points or updates on the Benghazi attack” (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)).

Judicial Watch, a conservative government watchdog group, first reported on the hearing, which has gone largely unnoticed and under-reported.

Clinton’s former Chief of Staff, Cheryl Mills, is also trying to avoid providing testimony.

According to Judicial Watch, the D.C. appellate court is considering Clinton and Mills’ extraordinary request, also known as “petition for writ of mandamus,” to overturn an order issued by U.S. District Court Judge Royce C. Lamberth that would require them to testify. 

On March 2, the lower court issued a statement, saying that Clinton’s testimony was necessary:

“The Court has considered the numerous times in which Secretary Clinton said she could not recall or remember certain details in her prior interrogatory answers. In a deposition, it is more likely that plaintiff’s counsel could use documents and other testimony to attempt to refresh her recollection. And so, to avoid the unsatisfying and inefficient outcome of multiple rounds of fruitless interrogatories and move this almost six-year-old case closer to its conclusion, Judicial Watch will be permitted to clarify and further explore Secretary Clinton’s answers in person and immediately after she gives them. The Court agrees with Judicial Watch – it is time to hear directly from Secretary Clinton.”

Clinton has argued that she shouldn’t be required to testify because she is a former high-level government official and that the FBI already tried to retrieve her emails from numerous sources when it investigated allegations of classified information being improperly stored or transmitted on the personal e-mail server she used while serving as Secretary of State.

The D.C. Circuit Court of Appeals submitted the case, which is adjourned until Wednesday, September 9 at 9:30 a.m., when the former Secretary of State will have to testify.

To listen to the full hearing, click here.

Correction: An earlier version of this story stated that Hillary Clinton lost the appeal. A decision, however, has not yet been made in the case.