Judge Refuses to Dismiss Flynn Case
Washington, D.C. federal District Judge Emmett Sullivan is refusing to dismiss the criminal case against former national security advisor Michael Flynn, and is now arguing that the D.C. Circuit Court of Appeals erred when it ordered him to do so last month in a 2-1 ruling.
Sullivan, through his attorney Beth Wilkinson, filed a petition on Thursday for a so-called “en banc” review by the entire D.C. Circuit Court of Appeals, arguing that the three-judge panel was improperly trying to force the district court “to grant a motion it had not yet resolved … in reliance on arguments never presented to the district court.”
Flynn’s lawyer, Sidney Powell, had successfully sought a writ of mandamus from the three-judge panel on the appellate court ordering the district court to toss the case. Writs of mandamus are unusual remedies, which are appropriate when there has been a “usurpation of judicial power” that is “clear and indisputable,” Powell acknowledged. . .
“All the district court has done is ensure adversarial briefing and an opportunity to ask questions about a pending motion,” Sullivan’s motion reads. “Outside the panel opinion, those actions have not been considered inappropriate—much less an extreme separation-of-powers violation justifying mandamus.”
If en banc review is granted, an oral argument date would then be set, likely in the fall. If en banc review is denied, Sullivan could appeal to the Supreme Court — a process that could take months to resolve, past Election Day. (Read more from “Judge Refuses to Dismiss Flynn Case” HERE)
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