Michael Flynn asks appeals court to intervene against judge halting DOJ dismissal [View all]
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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 Departments 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 Sullivans 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 Departments 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 Flynns innocence.
Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Departments 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.