"The panel’s decision threatens to turn ordinary judicial process upside down. It is the district court’s job to consider and rule on pending motions, even ones that seem straightforward. This Court, if called upon, reviews those decisions - it does not preempt them. This case satisfies the requirements of Rule 35, and en banc review should be granted", the court document said.
On 24 June, the US Court of Appeals for the DC Circuit in a 2-1 decision ordered the dismissal of criminal charges against Flynn, who was Trump's incoming National Security Adviser.
Flynn, who has also served as the head of the Defence Intelligence Agency, initially pleaded guilty to giving false statements to the Federal Bureau of investigations, but later retracted it after numerous evidence emerged that the FBI framed him absent a crime, and demanded that all charges against him be lifted. The Department of Justice ordered his request to be granted, but Sullivan resisted the move.
Flynn was accused of making "false and fraudulent statements" to the FBI regarding the nature of the contacts between the Trump campaign and Russian Ambassador to the United States Sergei Kislyak amid the 2016 election campaign. While Flynn pleaded guilty to these charges twice, evidence emerged later that the FBI pursued a politely-charged case by blackmailing Flynn with a possible arrest of his son.