The full U.S. Court of Appeals for the D.C. Circuit is considering whether
U.S. District Judge Emmet G. Sullivan must immediately sign off on the government’s move to undo Flynn’s guilty plea.
A divided
three-judge panel in late June ordered Sullivan to close the case and said he was wrong to appoint a retired federal judge to argue against the government’s position. But the full court, sitting Tuesday with 10 judges, agreed to take a second look at the unusual case that tests the power of the judiciary to check the executive branch.
