https://www.foxnews.com/politics/judge-sullivan-refuses-dismiss-flynn-cases
 
Washington, D.C. federal District Judge Emmett 
Sullivan is refusing to dismiss the criminal case against former 
national security advisor Michael Flynn, and is now arguing that the D.C. Circuit Court of Appeals erred when it ordered him to do so last month in a 2-1 ruling.
Sullivan, through his attorney Beth 
Wilkinson, filed a petition on Thursday for a so-called "en banc" review
 by the entire D.C. Circuit Court of Appeals, arguing that the three-judge panel
 was improperly trying to force the district court "to grant a motion it
 had not yet resolved ... in reliance on arguments never presented to 
the district court."
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