A filed copy of the government’s petition to the Federal Circuit for a writ of mandamus telling Judge Sweeney to deny Fairholme’s motion to compel is attached to this e-mail message.17-104-0002
Mandamus petitions are generally acted on more quickly than regular appeals. Federal Rule of Appellate Procedure 21(b)(6) directs that a mandamus “proceeding must be given preference over ordinary civil cases.” The Federal Circuit can deny the government’s petition without hearing anything from anybody about it, or the Court can invite parties (including Judge Sweeney) to respond to the petition.