Well this looks like a good sign. The DC Circuit court didn’t dismiss the writ of mandamus emergency petition filed by Flynn, but rather appear to be considering it and have ordered Judge Sullivan to respond to the petition:
New: The DC Circuit has given Judge Emmet Sullivan ten days to respond to Michael Flynn's request that the appeals court order Sullivan to grant DOJ's request to dismiss the Flynn prosecution. #FreeFlynnNow pic.twitter.com/sFuGwsRLF8
— The Bloodstone™ (@BS2KZ) May 21, 2020
They court has also invited the government to respond to the petition as well, which I’m sure they will do considering they are the ones who decided to dismiss the case.
Also note the three judges that this writ of mandamus is before. I double checked and Henderson is a Reagan/George H.W.Bush appointee. Wilkins is an Obama appointee and Rao is the Trump appointee. According to Undercover Huber, Henderson and Rao seem like good judges:
Some background on the three judges who will decide the Writ here https://t.co/FTpWrl6VFr pic.twitter.com/742HRdI7KT
— Undercover Huber (@JohnWHuber) May 21, 2020
Here’s a few thoughts on the order from Undercover Huber:
The Court didn’t respond on its own to Powell’s motion. They want to have Sullivan’s views on the table making his *own* case before deciding on the merits pic.twitter.com/vqD6i9hIuY
— Undercover Huber (@JohnWHuber) May 21, 2020
That is going to force Judge Sullivan to put his cards on the table. Because he hasn’t actually denied the DOJ’s motion to dismiss. He’s just left it sitting there & invited “amici” to argue against it. That suggests he doesn’t agree, but doesn’t *say* it. Now he’ll have to say
— Undercover Huber (@JohnWHuber) May 21, 2020
“Within ten days” is by June 1, which is way before the oral arguments Sullivan scheduled himself in the district court (June 10). Suggests the Appeals Court wants this decided ASAP pic.twitter.com/p2gGsk0CiX
— Undercover Huber (@JohnWHuber) May 21, 2020
Overall, this is a positive development and will at least force Sullivan to stop playing games and address the core issue of the DOJ’s motion to dismiss, which he’s being trying to wriggle out of. Doesn’t mean Powell will win (that’s a high bar), but a good start
/ENDS
— Undercover Huber (@JohnWHuber) May 21, 2020