Michael Flynn’s lawyers filed an emergency petition on Tuesday asking a federal appeals court to force a judge to dismiss the criminal charges against the former national security adviser.

Flynn’s legal team is asking the D.C. Circuit Court of Appeals to intervene as a judge delays consideration of the Justice Department’s extraordinary decision to drop charges.

Judge Emmet G. Sullivan, who was appointed to the federal district court in Washington, D.C. by President Clinton, has appointed a former judge to argue against the DOJ’s move.

In their petition, Flynn’s lawyers asked the D.C. Circuit to grant the Justice Department’s motion and remove Sullivan and his appointee from the case.

“The district court has no authority to adopt the role of prosecutor or change the issues in the case by inviting or appointing amici to perform the investigation or prosecution that the court deems appropriate,” the filing reads.