The full panel of the Washington, DC, Circuit Court of Appeals has agreed to re-hear the US government’s motion to dismiss its case against former national security adviser Michael Flynn.
Last month, a three-judge panel from the court ordered the federal judge overseeing Flynn’s case to dismiss it.
Thursday’s ruling vacates that decision and could result in a reversal of the three-judge panel’s decision to toss out the case.
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A key federal appeals court in Washington DC agreed Thursday to reexamine the legal fight over whether Michael Flynn’s guilty plea can be summarily dismissed because the Justice Department now wants the case against President Donald Trump’s former national security adviser to go away.
The order from 10 members of the US Court of Appeals for the District of Columbia Circuit comes a little over a month after a three-judge panel there ordered a lower federal district court judge overseeing the case against Flynn to dismiss the prosecution at DOJ’s request.
Thursday’s decision by the court is a monumental development. The full panel consists of more judges appointed by Democratic presidents than those appointed by Republicans, which could result in a reversal of the three-judge panel’s decision to toss out the case. Oral arguments are scheduled for Aug. 11.
In its 2-1 decision last month, the appeals court overturned US District Judge Emmet Sullivan’s decision to bring in a retired federal judge and veteran prosecutor to argue against DOJ’s motion to dismiss Flynn’s case. Sullivan had scheduled a July 16 hearing to weigh whether to toss out the case against Flynn.
The appeals court ruled that Sullivan did not have the authority to prolong Flynn’s prosecution or examine the Justice Department’s motivation for wanting to drop the case.
“This is not the unusual case where a more searching inquiry is justified,” Judge Neomi Rao, a Trump-appointed judge, wrote in the majority opinion. Rao was joined by Judge Karen LeCraft Henderson, an appointee of President George H.W. Bush.
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Source:: Business Insider – Politics