After failing in their attempt to have a three-judge panel summarily dismiss the case against their client, former National Security Advisor Michael Flynn’s lawyers filed a request today for the full DC Circuit Court of Appeals to throw out the charges, Politico reports.

Flynn pleaded guilty to lying to federal investigators during an interview with FBI agents relating to his conversations with Russian diplomats, specifically relating to discussions about sanctions the Obama Administration levied against Russia, before Trump’s inauguration.

Flynn has signed a sworn statement admitting to lying to investigators and twice pleaded guilty before the Court.  Flynn also admitted to falsifying federal filings relating to his work as an unregistered foreign agent for the government of Turkey.

In one instance when Flynn stood before the court and announced his guilt, Judge Emmet Sullivan refused to accept the plea before Flynn consulted with his lawyer and prosecutors.  Sullivan said he would’ve sentenced Flynn to a lengthy prison sentence, but felt prosecutors would recommend a lesser sentence.

After hiring a new legal team headed by Fox “News” commentator Victoria Toensing, Flynn attempted to revoke his plea.

Bill Barr fired the US Attorney for the District of Columbia, enabling him to handpick an acting USA, Michael Sherwin, who quickly moved to drop the charges against Flynn.  No Assistant US Attorneys working on the case signed off on the change of status, a very unusual move for a prosecutor’s motion, leaving the new Acting US Attorney to sign the filing.  En masse, the previous prosecuting team resigned from the case.

Sullivan also rejected the new prosecutors’ request and named an independent litigator to argue against the DoJ’s motion.

Flynn sued, and a three-judge panel, with two judges appointed by republicans and one by Democrats, supported Flynn’s motion in a 2-1 decision.  Sullivan appealed to the full Court, which will hear arguments this week.