General Michael Flynn is going to lose the battle. That was the takeaway from Tuesday’s hearing before the D.C. Circuit U.S. Court of Appeals. Flynn will eventually win the war, but President Trump’s first national-security adviser is still in a slog, and there are more scraps ahead.
The battle in question is Flynn’s petitioning of the D.C. Circuit to issue a writ of mandamus against federal district judge Emmet Sullivan. Mandamus is an extraordinary remedy. It is something of a last resort, when a judge is acting so lawlessly that the damage could be incurable if a higher court fails to intervene. Here, the writ would direct Judge Sullivan to end his highly irregular inquiry into the Justice Department’s motion to dismiss the case against Flynn and just grant that motion, as the law requires.
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