Appeals Court Orders Flynn Judge To Dismiss Case
In a major victory for Michael Flynn, the United States Court of Appeals for the District of Columbia Circuit has ordered Judge Emmet Sullivan to grant the Justice Department’s request to dismiss the case against the former Trump National Security Adviser.
“Upon consideration of the emergency petition for a writ of mandamus, the responses thereto, and the reply, the briefs of amici curiae in support of the parties, and the argument by counsel, it is ORDERED that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s Rule 48(a) motion to dismiss; nd the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date,” reads the order.
Appeals court orders Flynn judge to grant dismissal of the case pic.twitter.com/MmWSDrzHCh
— kadhim (＾ｰ^)ノ (@kadhim) June 24, 2020
In their decision, the appeals court wrote: “Decisions to dismiss pending criminal charges – no less than decisions to initiate charges and to identify which charges to bring – lie squarely within the ken of prosecutorial discretion.”
“The Judiciary’s role under Rule 48 is thus confined to “extremely limited circumstances in extraordinary cases.””
Hence, no dice for Judge Sullivan.
Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!
— Donald J. Trump (@realDonaldTrump) June 24, 2020
Flynn pleaded guilty in December 2017 to lying to the FBI about his conversations with former Russian Ambassador to the US, Sergey Kislyak, during the presidential transition following the 2016 US election. He later withdrew his plea after securing new legal counsel, while evidence emerged which revealed the FBI had laid a ‘perjury trap‘ – despite the fact that the agents who interviewed him in January, 2017 said they thought he was telling the truth. Agents persisted hunting Flynn despite the FBI’s recommendation to close the case.
Once the FBI’s malfeasance was uncovered, the Justice Department moved to dismiss the case after Attorney General William Barr tapped an outside prosecutor to examine the FBI’s conduct. Judge Sullivan rejected the DOJ’s request – instead calling on an outside lawyer to make arguments against the DOJ’s move to drop the case.
In their Wednesday decision, the Appeals court noted that “the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt.”
Specifically, the government points to evidence that the FBI interview at which Flynn allegedly made false statements was “untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn.” -US Court of Appeals
Shortly before the DOJ move to dismiss, former Mueller prosecutor Brandon Van Grack suddenly withdrew from the case (and others). Flynn’s new attorney, Sidney Powell, said that government documents revealed “further evidence of misconduct by Mr. Van Grack specifically.”
Sullivan urged the federal appeals court to also reject Flynn’s bid to bring an end to the case, which has now ruled against the judge.
Read the full decision below: