#FLYNN In 24 page filing, Solicitor General says Judge Sullivan overstepped his authority, citing case law + request to reconsider dismissal by full panel should be denied. “In this case, the panel followed established precedent from this Court + the Supreme Court to stop an...
intrusive process that would usurp the core executive power to decide whether to continue a prosecution. Both this + another circuit have granted mandamus in similar circumstances. In response, the district judge—an officer who would not normally be an interested party-took the..
extraordinary step of filing a petition in his own name seeking rehearing en banc. That petition only underscores that no case or controversy exists between the actual parties—the government + the defendant— + that any continuation of the criminal proceedings would transform..
them into a judicial, rather than executive, prosecution. As far as the government is aware, only one district judge has ever before filed a petition for rehearing en banc in a mandamus case + that petition was denied. This Court should follow the same course here.”@CBSNews 
