US Judge Hearing Flynn Case Asks Appeals Court to Reconsider Dismissal

The judge hearing the criminal prosecution against U.S. President Donald Trump’s former adviser Michael Flynn on Thursday asked an appeals court to reconsider a recent decision dismissing the case.

U.S. District Judge Emmet Sullivan asked the entire U.S. Court of Appeals for the District of Columbia Circuit to review the June 24 decision that directed him to drop the Flynn case.

The Justice Department sought to dismiss the case against Flynn, Trump’s first national security adviser, following pressure from Trump and his allies, leading to criticism that Attorney General William Barr was using his office to help the president’s friends.

Sullivan refused to immediately sign off on the dismissal, instead appointing a retired judge to argue in favor of denying the Justice Department’s request.

Sullivan has said he cannot serve as a “rubber stamp” and must carefully review the “unprecedented” dismissal request.

Last month, a three-judge panel of the D.C. Circuit directed Sullivan to grant the department’s motion to clear Flynn, who twice pleaded guilty.

Sullivan’s attorneys told the appeals court the panel decision marked a “dramatic break from precedent” that “threatens to turn ordinary judicial process upside down.”

Flynn, a retired Army lieutenant general, was one of several former Trump aides charged under former Special Counsel Robert Mueller’s investigation that detailed Moscow’s interference in the 2016 U.S. presidential election.

Flynn twice pleaded guilty to lying to the FBI about his conversations with Russia’s then-ambassador, Sergey Kislyak.

He then switched lawyers to pursue a new scorched-earth tactic that accused the FBI of entrapping him, and asked the judge to dismiss the charge.

(Reporting by Jan Wolfe; Editing by Leslie Adler, Richard Chang and Tom Brown)


  1. BTW, Michael Cohen is back in custody, for breaking the rules of his release.

    A privileged person taking advantage of his privilege.

  2. “It’s a new American state these two have left us.” Delbert

    No kidding.

    Can you imagine the contortions that the American Fascist Party will have to go through after November, when King Donald The Loser is dethroned?

    The party members will not be able to revert back to who they were in the old Republican party because they will have been so compromized by their stain of having supported KDFL unquestionably. I am sure some self-serving members will try and a lot of partisan voters will fall right back in line again, but some, such as the extra egregious Graham, will probably lose their seats quicker than most.

  3. We don’t expect crooks to have their prosecutions dropped by bent attorneys general, and get their guilty pleas reversed, and let out of jeopardy because a political leader chooses to nullify justice in the interests of his cronies. However, that’s not what we can expect of Barr and Trump. It’s a new American state these two have left us.

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