Mike Flynn’s lawyers have just filed an emergency petition to the US Court of Appeals to overturn Judge Emmet Sullivan’s ruling to continue Flynn’s case despite the DOJ’s filing to dismiss the case:
DC EXAMINER – The lawyers for retired Lt. Gen. Michael Flynn asked an appeals court on Tuesday to intervene against the lower court judge who delayed the Justice Department’s effort to dismiss its criminal case against the former Trump national security adviser.
Sidney Powell, a former federal prosecutor who took over representation for Flynn last summer, filed a 44-page emergency petition for a writ of mandamus and a 93-page appendix, asking the U.S. Court of Appeals for the District of Columbia Circuit to overturn Judge Emmet Sullivan’s efforts to halt the DOJ motion to dismiss and remove the judge from the case entirely.
“This petition seeks an order directing the district court to grant the Justice Department’s Motion to Dismiss its criminal case against former National Security Advisor to President Trump, Lieutenant General Michael T. Flynn (Ret.),” Flynn’s lawyers said. “The Government moved to dismiss the Information charging a violation of 18 U.S.C. §1001 after an internal review by United States Attorney Jeffrey Jensen unearthed stunning evidence of government misconduct and General Flynn’s innocence.”
“Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings,” the filing read.
I’m glad to see Powell filing this motion and I very much hope the DC Circuit of Appeals doesn’t allow this phony case to go along any further.
As McConnell pointed out today in his remarks, it’s the executive branch that decides whether or not to prosecute a case, not the judiciary. And it’s clear to anyone watching that this case should have been dropped the moment the DOJ filed for a dismissal.
It’s worth noting that, according to Matt Ford on Twitter, the courts haven’t granted a motion like this since 1962. He says it could end up that this ‘writ of mandamus’ goes all the way to the Supreme Court. Perhaps that’s what Sullivan really wants so he’s not the judge that dismisses the Flynn case.