The federal judge in the Michael Flynn case is asking an appeals court to rethink its decision ordering the charges against the former national security adviser to be dropped.

Judge Emmet Sullivan, of the district court in D.C., filed a petition with the D.C. Circuit Court of Appeals to rehear the case after a three-judge panel ordered him to allow the Department of Justice (DOJ) to withdraw its case.

"The panel’s decision threatens to turn ordinary judicial process upside down," Sullivan's attorney wrote in the petition. "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."

In a move that surprised many, the DOJ in May moved to drop its case that Flynn had lied to the FBI, even though he had already pleaded guilty to the charge.

Sullivan decided to explore the legal questions around the unusual move and appointed an outside counsel to present a counterargument to the DOJ's motion.

Flynn's lawyers asked the D.C. Circuit to intervene and force Sullivan to grant the motion in what's known as a mandamus petition — a legal maneuver asking an appeals court to issue a command to a lower court.

A three-judge circuit panel ruled 2-1 last month that Sullivan did not have the authority to second-guess the DOJ's decision to drop charges. Both judges in the majority were Republican appointees, overruling an Obama-appointed judge who dissented. Read more at The Hill