Flynn urges appeals court to end the battle over dismissing his case

https://www.politico.com/news/2020/07/20/michael-flynn-appeals-court-case-dismissal-372929

“To allow Judge Sullivan to delay and generate litigation against a criminal defendant is unconstitutional,” Flynn’s lawyers, Sidney Powell and Jesse Binnall, say in the filing. “This action itself diminishes the status of the federal judiciary as an independent bulwark for the rule of law.”

Even if Sullivan is deemed to lack standing, whether his case gets taken up by the full appeals court is another matter. Any active D.C. Circuit judge can request a poll of the full court, even if no litigant seeks it or has standing to do so.