Circuit after Judge Sullivan appealed a 2-1 decision of the appellate court in June granting a writ of mandamus ordering him to dismiss the criminal charges against Flynn.
After Attorney General William Barr brought in U.S. Attorney Jeffrey Jensen to review the prosecution, the FBI was compelled to turn over exculpatory evidence that it had previously withheld.
But Judge Sullivan — who had earlier accused Flynn of treason, and had to apologize — refused to let the matter go, and invited amicus briefs to be filed to argue that Flynn had committed criminal contempt of court.
He also appointed retired judge John Gleeson to make arguments before the court, even though Gleeson previously claimed in the Washington Post that Flynn benefited from political influence.
On Tuesday, Powell argued again the the DOJ’s request to drop the case should be honored.