Executive Branch Lawfare News

En Banc D.C. Circuit Denies Flynn's Petition to Dismiss Criminal Case

Tia Sewell
Monday, August 31, 2020, 2:34 PM

Published by The Lawfare Institute
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The U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denied Michael Flynn’s petition to immediately dismiss his case. In a per curiam ruling, with two judges dissenting, the court granted District Judge Emmet Sullivan’s July 9 request to reevaluate whether Flynn’s criminal case should be dismissed. In May, Sullivan had rejected a Justice Department request to stop prosecution against Flynn despite his guilty pleas for lying under oath to the FBI.

This full-court decision reverses the 2-1 panel ruling by the D.C. Circuit on June 24, which ordered Sullivan to dismiss the case against Flynn. In today’s decision, Judges Karen Henderson and Neomi Rao dissented, while Judge Thomas Griffith filed a concurring opinion. Judge Gregory Katsas was recused from the case.

You can read the decision here and below:

Tia Sewell is a former associate editor of Lawfare. She studies international relations and economics at Stanford University.

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