The contested dismissal of the Michael Flynn case faces another hurdle as it will now go before the full DC Appeals Court.
According to Fox News:
The dispute over the Department of Justice’s move to dismiss criminal charges against former Trump national security adviser Michael Flynn will get a rehearing by the entire District of Columbia Circuit Court of Appeals, the latest twist in the long-running legal drama that stemmed from the FBI’s investigation into possible collusion between the Trump campaign and Russia in 2016.
The order was issued Thursday by the court. Called an “en banc” hearing, all 11 judges on the appeals court will sit in on a rehash of arguments that were made before a three-judge panel in June, which led to a 2-1 ruling in favor of Flynn. The former Trump aide had requested the appeals court to order the judge in the case to approve of a Department of Justice (DOJ) motion to dismiss charges against him.
D.C. District Court Judge Emmet Sullivan, however, did not immediately grant the unusual request motion by the DOJ to drop the charges of lying to investigators after Flynn pleaded guilty. Flynn had sought to withdraw the guilty plea. Sullivan made his own unusual move of his own to appoint an “amicus curie” — Latin for “friend of the court” — to argue against the position taken by Flynn and the DOJ.
The three-judge panel eventually ordered Sullivan to dismiss the charges, citing broad “prosecutorial power” held by the executive branch. But Sullivan requested a rehearing, which on Thursday was granted. The hearing is slated for Tuesday, Aug 11 at 9:30 a.m.
Flynn’s legal team opposed a rehearing and even issued a fiery brief.
One portion stated: “Judge Sullivan’s stubborn disagreement with the Government’s decision to dismiss the case does not confer the right to contest it himself or through his amicus… His actions smack of vindictive animus against General Flynn and judicial overreach that have no place in America’s justice system. No precedent even suggests a ‘hearing’ on a substantial government motion to dismiss. Not one.”