Flynn Files Emergency Petition With U.S. Court Of Appeals To Replace Judge And Dismiss Case

In an unexpected turn of events defense lawyer for former national security advisor Lt. Gen. Michael Flynn has 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 comes after Judge Emmet Sullivan, who oversees Flynn’s case, failed to grant the government’s motion to dismiss based on what his defense believes is a political prejudice against Flynn.

Sidney Powell filed the 31 page writ of mandamus on Tuesday afternoon with the court, arguing in the petition that Judge Emmet Sullivan, who has been overseeing the case has wagered a political agenda against her client.

“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,” Powell stated in the petition, which was obtained by

She asked the court to determine whether “the district court exceeded its authority and egregiously abused its discretion by failing to grant the Government’s Motion to Dismiss the Criminal Information and, instead, appointing an amicus to oppose the motion and to propose contempt and perjury charges against General Flynn, while inviting additional amici.”

This story is developing

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