DC Circuit Court Orders Judge To Respond To Flynn’s Appeal To Dismiss Case

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.

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Sidney Powell, the lawyer representing Flynn, took to Twitter this week to detail the move.

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.”

Earlier this month, the Department of Justice filed a motion to dismiss its criminal case against Flynn.

Sullivan appointed a retired judge appointed by former President Bill Clinton to oversee a process so that "interested parties" can file amicus briefs to "weigh in" on the case.

Newly unsealed documents in Flynn's case revealed FBI agents discussed the Army lieutenant general's possible prosecution prior to interviewing him, leading Flynn's lawyers to claim he was set up.

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.

Strzok was fired for sending countless anti-Trump text messages to Lisa Page, a former FBI lawyer with whom he was having an affair. Strzok played a critical role in going after Flynn, the new documents reveal.

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.”

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