The never-ending saga involving former National Security Adviser Michael Flynn has taken yet another turn.
Late on Thursday, the United States Court of Appeals for District of Columbia Circuit ordered Judge Sullivan, who’s overseeing Flynn’s case, to respond to an appeal that Flynn’s legal team filed.
Flynn’s team appealed to have Sullivan replaced and have the case dismissed by June 1, according to journalist Sara Carter.
Sidney Powell, the lawyer representing Flynn, took to Twitter this week to detail the move.
Here is the docket & order. A court of appeals grants a mandamus only after the judge has had an opportunity to respond. Here the Circuit ORDERS Sullivan to respond. The short time-table recognizes the seriousness of the issue to the proper administration of justice.@POTUS pic.twitter.com/0VJVVBmvM0
— Sidney Powell 🇺🇸⭐⭐⭐ #Kraken (@SidneyPowell1) May 21, 2020
Sara Carter reported:
On Tuesday, Powell 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 came after Sullivan failed to grant the government’s motion to dismiss based on what his defense believes is a political prejudice against Flynn.
The 31 page writ of mandamus argued that Sullivan has been operating as a prosecutor not a judge, she stated: “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 case has been changing by the day with new developments.
Earlier this month, the Department of Justice filed a motion to dismiss its criminal case against Flynn.
Sullivan — who is overseeing the case — appointed a retired judge appointed by former President Bill Clinton to oversee a process whereby “interested parties” get to file amicus briefs to “weigh in” on the case.
Even more bizarre, John Gleeson — the Clinton judge — will get to argue against allowing the DOJ to drop the matter.
In response, the lawyers for Flynn asked the D.C. Appeals Court on Tuesday to intervene against the lower court judge who delayed the DOJ’s effort to dismiss its criminal case against Flynn.
On Thursday, the appeals court sided with Flynn and ordered Sullivan to respond to their demands by June 1.
Why does this matter?
Sullivan originally planned to begin hearing arguments from Flynn’s team and Gleeson — the Clinton lawyer — about whether the case should be dropped or proceed.
Now, the 3-judge appeals panel is order Sullivan to make a decision by June 1, which is less than 10 days away.
After all, the DOJ filed its motion to dismiss the charges following newly released documents about the FBI’s handling of the Flynn case.
In the newly released documents, we learned that the FBI had drawn up paperwork to close the case against Flynn, but fired agent Peter Strzok made a last-minute move to keep it open.
Handwritten notes from the FBI — which were withheld from Flynn’s defense team for years — show that a key goal of the agents investigating Flynn was “to get him to lie so we can prosecute him or get him fired.”
House Intelligence Committee ranking Republican Rep. Devin Nunes also revealed over the weekend that the FBI’s original interview summary with Flynn is “missing.”
That’s a very big deal and could finally result in Flynn getting his freedom back.