Last month, the U.S. Circuit Court of Appeals for the District of Columbia issued a 2-1 ruling granting a writ of mandamus to Flynn, ordering Sullivan to grant the Department of Justice’s motion to withdraw its criminal case against him.
However on Thursday, Sullivan filed to have the D.C. Circuit rehear the case en banc, as Politico reported:
Lawyers for U.S. District Court Judge Emmet Sullivan filed a petition Thursday asking the full bench of the D.C. Circuit Court of Appeals to review a 2-1 decision a panel of that court issued last month, directing Sullivan to dispense with his plans for a hearing and instead grant the government’s request to drop the case.
Sullivan’s petition says the steps he was taking are commonplace and denounces the appeals court’s earlier decision to intercede as “a dramatic break from precedent that threatens the orderly administration of justice.”