A federal appeals court on Thursday ordered the judge overseeing the case against former national security adviser Michael Flynn to respond to a petition from Flynn’s legal team seeking to remove him from the case.
In a brief one-page order, the D.C. Circuit Court of Appeals ordered U.S. District Judge Emmet Sullivan to “file a response addressing the petitioners’ request.”
Judge Sullivan has 10 days to address Flynn’s legal brief. The court also invited the Justice Department to weigh in on whether Judge Sullivan should be reassigned.
The order also revealed that two Republican-appointed judges will oversee Flynn’s bid to have the charges he lied to the FBI dismissed.