I suspect that the curtain is being brought down on the clown show Judge Sullivan is the ring master of in the Flynn case:
Earlier today, the Court of Appeals for the DC Circuit issued an extraordinary order — on its own motion — directing Judge Sullivan himself to file a response to the Petition for Writ of Mandamus filed by Gen. Flynn earlier this week.
In more than 30 years of practicing law, almost exclusively in federal courts, I have never seen a federal appeals court direct a district court judge to personally respond to a litigant’s motion, petition, or appeal.
As significant, in my opinion, is that the Order directs Judge Sullivan to address the Rule 48(a) issue in relation to the Circuit Court’s earlier decision in United States v. Fokker Services.
As many reading this are probably aware, I wrote extensively on the Fokker Services decision in this story and concluded that it left Judge Sullivan no choice other than to grant the Department of Justice’s Motion to Dismiss the case against General Flynn. You can read that story here — Recent Decisions of Court of Appeals for DC Circuit Show Sullivan Must Dismiss Flynn Case.
Go here to read the rest. Judges are to preside over cases, not to attempt to become litigants in them. That is precisely what Judge Sullivan has done in the Flynn case, and why the DC Circuit has peremptorily ordered him to explain himself. The term unprecedented is thrown around a lot in regard to the Flynn case, but this truly is. It couldn’t happen to a nicer judge.