His legal team attempted to dismiss the lawsuit in July, citing a recent decision by a federal judge in Florida who dismissed the classified documents case against Donald Trump on the grounds that the appointment of special counsel Jack Smith was unconstitutional.

Similar to Trump’s lawyers, Biden’s team argued that Jack Weiss, the special counsel who brought charges against the incumbent president’s son, was also appointed unconstitutionally.

In his seven-page ruling Monday, District Judge Mark Scarsi of the U.S. District Court for Central California did not address the merits of Biden’s argument, but rejected it on the grounds that it was untimely and an attempt to renegotiate a decision that had overturned an earlier attempt by Biden to dismiss the lawsuit.

“Mr. Biden is clearly seeking to renegotiate issues that were already decided in his February motion,” Scarsi said.

“The Court declines to address the merits of the motion because there is no valid basis for reconsideration of the Court’s order denying Mr. Biden’s motion to dismiss the charges for violations of the Appropriations and Appointments Clause.”

Scarsi also said Monday that he would not punish Biden’s legal team in its motion to dismiss the lawsuit for its presentation of the facts in the case after they admitted in a follow-up brief that they “ineptly” pointed out the circumstances under which the charges were brought against their client.

Biden’s tax trial is scheduled to begin next month.

He had already been found guilty of three weapons offenses in June and was now awaiting sentencing.