In Flynn case, DC circuit court plays a silly game of legal dodgeball https://t.co/lQ2E4fXKvk
— Gregg Jarrett (@GreggJarrett) September 1, 2020
A federal appeals court has rejected Michael Flynn’s effort to force the judge in his case to dismiss charges against him.
The Department of Justice moved to dismiss Flynn’s case earlier this year after it had come to light that FBI officers acted improperly in their investigations of Flynn.
Last month the United States Court of Appeals for the District of Columbia Circuit ordered the case against Michael Flynn to be dismissed, but he judge in the case, Judge Emmet Sullivan, a Clinton appointee, refused to honor the request.
In July Judge Sullivan filed an appeal of the Court of Appeals decision, asking for a hearing before all eleven judges on the appeals court. The decision to dismiss the case was found by a 3-person sub-sect of the court.
Yesterday the D.C. Circuit Court of Appeals ruled 8-2 against Flynn’s petition to force Sullivan to dismiss the charges without holding a hearing.
Sullivan will now be able to hold a hearing about the DOJ’s reversal in the case before deciding whether to allow the DOJ to withdraw its charges against the president’s former National Security Adviser.
The Court found that Flynn had failed to show that it needed to step in and force Sullivan’s hand, but did note that Flynn could easily appeal any ruling Sullivan issues.