Appeals Court Rejects Michael Flynn’s Effort To Dismiss Charges

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The D.C. Circuit Court of Appeals rejected Michael Flynn's effort to have the charges against him immediately dismissed.

The Hill reported on Monday that a federal appeals court rejected former national security adviser Michael Flynn’s efforts to have the charges against him immediately dismissed, “overturning an earlier decision that would have allowed the Department of Justice (DOJ) to drop its case against” against him.

  • “The D.C. Circuit Court of Appeals ruled 8-2 against Flynn's petition for it to step in and force a district judge to grant the Justice Department's motion to drop charges without holding a hearing on the issue,” according to the report.
  • Additionally, the court “denied Flynn's argument that the judge overseeing his case be forced to recuse himself.”
  • Flynn’s “legal team had argued that Judge Emmet Sullivan acted improperly by appointing outside counsel to argue against the DOJ's sudden decision to drop its case and by asking the full circuit court to revisit the earlier decision by a three-judge panel.”
  • Monday’s events will allow Sullivan “to move forward with a hearing about the DOJ's unusual reversal in the case, before deciding whether to allow the Trump administration to withdraw its charges against the president's former close aide,” the report continued — unless Flynn’s attorneys appeal to the Supreme Court.

The Hill recalled that Flynn pleaded guilty in 2017 to lying to the FBI about discussions he had with the Russian ambassador to the U.S. and had agreed to cooperate with special counsel Robert Mueller’s investigation.

However, Flynn later backed out of the plea agreement and moved to fight the charges.

The DOJ decided in May to move to drop its case, saying it no longer had faith in the FBI investigation that led to Flynn's interrogation in early 2017.

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