Moments ago Michael Flynn defense counsel Sidney Powell filed an appeal to the D.C. Circuit, a Petition for Writ of Mandamus (pdf link here), asking for intervention to correct Judge Sullivan’s unauthorized action.
Within the request Flynn’s defense requests the DC Appeals Court to order district court judge Emett Sullivan 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 request cites numerous legal precedents in favor of granting the writ; but it’s a DC panel of judges so politics will likely play a role in determining what the appeals court decides to do. Given the nature of this extraordinary situation it is difficult to predict success or failure for the request to intervene. The whole darn thing is bizarre.
Within the petition the defense team notes:
…”The district judge’s latest actions—failing to grant the Government’s Motion to Dismiss, appointing a biased and highly-political amicus who has expressed hostility and disdain towards the Justice Department’s decision to dismiss the prosecution, and the promise to set a briefing schedule for widespread amicus participation in further proceedings— bespeaks a judge who is not only biased against Petitioner, but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny.
This is an umpire who has decided to steal public attention from the players and focus it on himself. He wants to pitch, bat, run bases, and play shortstop. In truth, he is way out in left field.”…
A case reassignment in the DC district is a sketchy proposition. Things could get even worse than they are now. Sidney Powell is doing everything within her legal power to advocate on behalf of her client, Michael Flynn; however, the politics in DC seem to be the guiding force – and not legal standards or judicial prudence.
Here’s the full petition: