A three panel DC Appeals Court Panel, Judge Henderson, Judge Wilkins and Judge Rao have ordered Michael Flynn’s Judge, Emett Sullivan, to respond to the defense petition for a writ of mandamus within ten days:
Quoting the U.S. vs Fokker ruling the panel is not responding directly to the Flynn petition with an immediate decision; instead they are requiring Judge Sullivan to explain his decision to engage with extra-party amicus actions despite the DOJ and Flynn defense agreement on the motion to dismiss.
The order can be viewed as a smart move by the appeals panel because Judge Sullivan has yet to rule on the original unopposed DOJ motion. In essence, Sullivan has never explained himself; and this approach will require Sullivan to put his proverbial cards on the table. The DC panel has given Judge Sullivan ten days to respond.
—Henderson was first nominated by Reagan and voted against Nadler & the House being able to subpoena WH Counsel Don McGhan
—Rao was nominated by Trump to replace Kavanaugh & also voted against House overreach against Trump
—Wilkins was Obama appointee, Senate Rs filibuster failed https://t.co/LJNIlOkt0X— Undercover Huber (@JohnWHuber) May 21, 2020
Here is the docket & order. A court of appeals grants a mandamus only after the judge has had an opportunity to respond. Here the Circuit ORDERS Sullivan to respond. The short time-table recognizes the seriousness of the issue to the proper administration of justice.@POTUS pic.twitter.com/0VJVVBmvM0
— Sidney Powell 🇺🇸 🗽⚖️🚜🇺🇸 Attorney & Author (@SidneyPowell1) May 21, 2020