On Thursday, the D.C. Circuit Court of Appeals gave Judge Emmet Sullivan 10 days to respond to a petition filed by Michael Flynn's lawyers asking the appeals court to dismiss charges against Michael Flynn. Attorneys for Flynn filed a writ of mandamus asking the D.C. Circuit Court of Appeals to remove Judge Sullivan from the case and dismiss charges against Michael Flynn as requested by the Justice Department.
Earlier this month, the Justice Department requested the charges against former Trump national security adviser Michael Flynn be dismissed after new documents surfaced showing Flynn was the victim of gross prosecutorial misconduct. Despite the new evidence and the request from the Justice Department, Judge Sullivan announced he would allow outside parties to argue before the court.
"This is an umpire who has decided to steal public attention from the players and focus it on himself," Flynn's attorneys wrote in their emergency petition. "He wants to pitch, bat, run bases and play shortstop. In truth, he is way out in left field."
According to the Justice Department, writs of mandamus "should only be used in exceptional circumstances ... to confine an inferior court to a lawful exercise of prescribed jurisdiction, or when there is an usurpation of judicial power."
The order handed down on Thursday gives Judge Sullivan until June 1 to respond.