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.
