A federal appeals court on Thursday directed the judge presiding over the case of Michael Flynn to respond to the former Trump national security adviser’s petition for a quick dismissal of his criminal prosecution.

In a one-page order, a panel of the U.S. Court of Appeals for the D.C. Circuit set a June 1 deadline for U.S. District Judge Emmet Sullivan of the District of Columbia to respond to Flynn’s challenge to his refusal to readily grant the Justice Department’s move to dismiss the case. The panel included Judges Karen L. Henderson and Robert Wilkins, along with Judge Neomi Rao, a Trump appointee who has often ruled in favor of the administration in her initial months on the bench.

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