Circuit Court of Appeals Tuesday that District Court Judge Emmet Sullivan overstepped his authority by pushing for further arguments rather than grant prosecutors' motion to dismiss Flynn's case. A three-judge panel previously sided with Flynn and issued a writ of mandamus ordering Sullivan to dismiss the case, but Sullivan appealed to have the court’s full roster review the case. ANDREW MCCARTHY: SHOULD JUDGE SULLIVAN BE DISQUALIFIED FROM MICHAEL FLYNN CASE? Circuit Court precedent where mandamus was used in a similar situation, but Judge Judith Rogers pointed out that in Fokker the judge had already ruled. "We don’t have a merits case" at this stage, added Pillard, suggesting she would vote to throw the case back to Judge Sullivan to rule on the motion to dismiss.

Source: Fox News August 11, 2020 15:14 UTC