Hillary Clinton’s legal troubles stemming from her private server are mostly behind her since the FBI recommended she not be prosecuted. However, there is still an ongoing lawsuit brought by Judicial Watch which she still has to contend with. On Tuesday, the right-leaning legal group cited Clinton’s “evolving explanation” for setting up the private server as a reason she needed to be deposed in the lawsuit. From the Hill:

In a Tuesday filing, the group cited a recent interview with CBS News during which Clinton said “it was recommended that it would be convenient” for her to use a private server during her time in office.

“Based on her testimony to the Benghazi Select Committee, the statement on her campaign website, and her purported answers to the FBI’s questions, it is nowhere even suggested that Secretary Clinton’s decision to use the clintonemail.com system for official government business was based on someone else’s recommendation,” Judicial Watch lawyer Michael Bekesha wrote.

“Because of the evolving explanation, Secretary Clinton’s deposition is necessary to effectively and efficiently understand how the decision was made and the motivation behind it.”

Judicial Watch has already deposed a number of Clinton’s aides including Cheryl Mills, Huma Abedin and Bryan Pagliano, who refused to answer any questions during his deposition.

The judge in the Judicial Watch case had previously said that it could allow the group to depose Clinton if they presented a good case for why such a deposition was necessary. Judicial Watch asked for permission to depose Clinton in a court filing earlier this month. A hearing was held to allow Clinton’s attorneys a chance to make their case why she should not be deposed. Politico reported that Clinton’s attorney, David Kendall, appeared to be setting up for an appeal in case Judge Sullivan ruled Clinton would need to testify. The judge is expected to make his decision on the deposition very soon.