DC Circuit Court Of Appeals Deals Blow To Michael Flynn, Overturns Earlier Order

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WASHINGTON, DC - DECEMBER 18: Former White House National Security Advisor Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court December 18, 2018 in Washington, DC. Flynn's lawyers accepted the judge's offer to delay sentencing for lying to the FBI about his communication with former Russian Ambassador Sergey Kislyak. Special Prosecutor Robert Mueller has recommended no prison time for Flynn due to his cooperation with the investigation into Russian interference in the 2016 presidential election. (Photo by Chip Somodevilla/Getty Images)

Overturns Earlier Three Judge Panel That Ordered The Case Dismissed

In a blow to Michael Flynn, the DC Circuit Court of Appeals has denied his request to force Judge Emmet Sullivan to drop the case.

Via the New York Post:

A federal appeals court in Washington, DC, on Monday dealt a blow to the Justice Department’s quest to drop the case against former White House national security adviser Michael Flynn.

The US Court of Appeals for the DC Circuit overturned an earlier three-judge panel that sided with Flynn. The 10-judge en banc review broke 8-to-2 against the former adviser to President Trump and ruled against forcing US District Judge Emmet Sullivan to dismiss Flynn’s guilty plea.

“While the Government has filed a motion to dismiss and [Flynn] consents, there remains a case or controversy unless and until that motion is granted by the District Court,” the opinion says.

The court also refused to reassign the case to a judge other than Sullivan and upheld Sullivan’s appointment of a former judge to counter the Justice Department’s attempt to drop the case.

Watch via MSNBC:

This is a travesty and now Judge Emmet Sullivan will be both prosecutor and judge in the Flynn case, which never should have been brought in the first place.

Maybe it’s time for President Trump to preemptively pardon Michael Flynn and be done with the whole sordid thing.

Author : Steve Straub

Source : The Federa List Papers : DC Circuit Court of Appeals Deals Blow to Michael Flynn, Overturns Earlier Three Judge Panel that Ordered the Case Dismissed