It was a unanimous decision and an unprecedented action taken by the U.S. Court of Appeals for the D.C. Circuit.
Interesting though, that while the judge was clearly being slapped down, Judge Sullivan was not directly named and was referred to simply as “the federal judge.†Obviously face-saving wording by the court.
Two stories. The first by the Washington Post, followed by the Politico:
Appeals court orders Flynn judge to defend actions, as legal scholars weigh in
An appeals court Thursday ordered the judge in Michael Flynn’s case to defend his actions after Flynn’s attorneys asked that his conviction be dismissed immediately, as requested by the Justice Department.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit took the unusual step of ordering U.S. District Judge Emmet G. Sullivan to answer within 10 days accusations from Flynn, President Trump’s former national security adviser. The court also invited the Justice Department to comment.
More:
https://www.washingtonpost.com/local/legal-issues/appeals-court-orders-federal-judge-to-respond-to-michael-flynns-request-to-get-his-conviction-dismissed/2020/05/21/94a7149c-9b95-11ea-a2b3-5c3f2d1586df_story.htmlAppeal Court orders Flynn judge to explain himself
The federal judge overseeing the tumultuous case of former national security adviser Michael Flynn has until May 31 to explain his rationale for declining to immediately dismiss the case against Flynn after the Justice Department moved to drop the matter.
A panel of judges on the U.S. Court of Appeals for the District of Columbia say district court judge Emmet Sullivan must respond within 10 days to a request by Flynn that the higher court force him to drop the case. The appeals court order is the latest twist in a remarkable series of events that have thrown the Flynn case into turmoil on the eve of his sentencing for pleading guilty to lying to the FBI.
More:
https://www.politico.com/news/2020/05/21/appeal-court-flynn-judge-273967