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Flynn Files Emergency Petition With U.S. Court Of Appeals To Replace Judge And Dismiss Case
In an unexpected turn of events defense lawyer for former national security advisor Lt. Gen. Michael Flynn has filed a writ of mandamus with the United States Court of Appeals with the District of Columbia to dismiss the case against Flynn, vacate the order appointing an amicus curiae and reassign the case to another judge. The petition comes after Judge Emmet Sullivan, who oversees Flynn’s case, failed to grant the government’s motion to dismiss based on what his defense believes is a political prejudice against Flynn.
Sidney Powell filed the 31 page writ of mandamus on Tuesday afternoon with the court, arguing in the petition that Judge Emmet Sullivan, who has been overseeing the case has wagered a political agenda against her client.
A federal appeals court Thursday has agreed to hear a request from Michael Flynn's legal team to remove the district judge overseeing his case, and has also ordered the judge to explain his controversial and unorthodox conduct in handling it.
Judge Emmett Sullivan has been given a June 1 deadline to respond. The government has also been invited to "respond in its discretion" during that window.
Flynn's legal team had filed a request on Tuesday asking the appeals court to remove Judge Emmett Sullivan from the case, claiming the judge was biased against the defendant. Following the Justice Department's request earlier this month to dismiss the case against Flynn, Sullivan had appointed retired federal Judge John Gleeson to file an amicus curiae brief arguing in favor of not dropping the case against the general.