The D.C. circuit’s ruling came after the Justice Department filed a motion to drop the case against the former Trump national security adviser.
A federal appeals court handed a major victory to Michael Flynn on Wednesday, ordering a lower court judge to dismiss the felony false-statement charge Flynn pleaded guilty to during special counsel Robert Mueller’s investigation into ties between the Trump campaign and Russia.
A three-judge panel of the D.C. Circuit Court of Appeals split, 2-1, along ideological lines as it backed Flynn’s unusual bid to strongarm U.S. District Court Judge Emmet Sullivan into accepting Attorney General William Barr’s move to pull the plug on President Donald Trump’s first national security adviser.
The majority opinion, penned by Trump appointee Neomi Rao, said allowing the case to continue would intrude on the executive branch’s prerogatives to control criminal prosecutions. Rao said even scheduling a hearing — as Sullivan had done for next month — was improper under the circumstances because there was no good reason to doubt the government’s decision to reverse course.
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Michael Flynn scored a major victory today when an appeals court ordered a false-statement charge against him dismissed, but the legal saga is not yet over https://t.co/cCcRU2UzTZ
— POLITICO (@politico) June 24, 2020
The clear lesson of Michael Flynn is that it is acceptable to lie to the FBI if you are close to Trump and Bill Barr is AG. If Trump wins re-election, this will save many of his current campaign.
— stuart stevens (@stuartpstevens) June 24, 2020
The real danger represented by Trump and Barr wasn't any one stupid policy, it was the chance to stock the judiciary with cronies who would then excuse the lawless behavior of other cronies. And here we are. https://t.co/qOf1rJhoxN
— Tom Nichols (@RadioFreeTom) June 24, 2020
After a quick scan of the DC Circuit opinion on the Flynn case, three quick thoughts:
(1) I am confident the majority view on this panel does not represent the majority view on the DC Circuit, which greatly disfavors granting mandamus relief.— Benjamin Wittes (@benjaminwittes) June 24, 2020
(3) I do expect Judge Sullivan to put the matter quickly before the full court, as he has little reason not to and his ability to manage his case is being challenged here by the defendant, the Justice Department, and the panel majority.
— Benjamin Wittes (@benjaminwittes) June 24, 2020
Ok, yeah, that’s four quick thoughts….
— Benjamin Wittes (@benjaminwittes) June 24, 2020
Well, let’s see what happens with the full court, if anything. If Flynn does get off — I figure one day he and his friends in high places will be judged by a higher power, just as the rest of us will. No one really escapes the punishment they deserve.
The opinion was written by a Trump appointee. https://t.co/CfbZB3MMEe
— The Lincoln Project (@ProjectLincoln) June 24, 2020
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