THIS STORY IS DEVELOPING

The United States Court of Appeals for District of Columbia Circuit has ordered Judge Emmet Sullivan, who’s overseeing Lt. Gen. Michael Flynn’s case, to respond to his appeal to have him replaced and to dismiss the trial no later than June 1, according to a court document reviewed by SaraACarter.com.

Flynn filed a writ of mandamus to the court on Tuesday after Sullivan failed to comply with the Justice Department’s recommendation to dismiss the case in what Flynn’s defense attorney Sidney Powell described as politically motivated.

The D.C. Appeals Court has ‘ordered Judge Sullivan to respond to #Flynn Petition for Wirt of Mandamus by June 1,” tweeted Powell Thursday.

On Tuesday, Powell filed a writ of mandamus with the United States Court of Appeals with the District of Columbia to dismiss the case against Flynn, vacate the order appointing an amicus curiae and reassign the case to another judge.

The petition came after Sullivan failed to grant the government’s motion to dismiss based on what his defense believes is a political prejudice against Flynn.

The 31 page writ of mandamus argued that Sullivan has been operating as a prosecutor not a judge, she stated: “Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings.”