Michael Flynn's attorney Sidney Powell on Tuesday filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking the immediate removal of Judge Emmet Sulivan from the case -- and saying that under appellate precedent set by the 'Fokker Services' case, Sullivan or his replacement must dismiss the prosecution, as the Justice Department has requested.
"The district judge’s manifest confusion about the facts of this case, accusing General Flynn of treason and having 'sold out his country,' and his punitive intentions are well documented," Powell wrote. Sullivan also said he had "disdain" and "disgust" for Flynn's actions.
Powell continued: "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...
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