Appeals Court Keeps Flynn Case Alive, Allows Judge to Scrutinize DOJ’s Request to Dismiss

Gage Skidmore from Peoria, AZ, United States of America via Wikimedia Commons

Former National Security Adviser to President Trump, Michael Flynn, has lost his appeal to have his case dismissed in an expedited fashion.

The appeals court will allow the Judge in his case to scrutinize the DOJ’s decision to dismiss the charges against Flynn.

According to CNBC:

A federal appeals court on Monday rejected a bid by former national security advisor Michael Flynn to force the prompt dismissal of the criminal case in which he had been convicted of lying to FBI agents.

The decision sends the case back for consideration by U.S. District Court Judge Emmet Sullivan in Washington.

Flynn had asked the U.S. Court of Appeals for the District of Columbia Circuit to compel Sullivan to sign off on a request by the Justice Department that he dimiss Flynn’s conviction after the judge did not promptly grant that request.

Neither a lawyer for Flynn nor the Justice Department immediately responded to CNBC’s requests for comment on Monday’s ruling by the appeals court.

The ruling will allow the case to linger despite the Department of Justice’s decision to request the case against him to be dismissed.

    1. He plead guilty to lying about something that wasnt illegal… so yes he did plead guilty because he was threatened with worse penalties

    2. Idiot! Tell me, who is now the plaintiff in the case. I’ll give you a hint: NOBODY. So how can the trial go on? This is a travesty to our justice system. The worthless so called judge Sullivan is a racist, dishonest liberal whose only goal is political. This needs to be ‘fast tracked’ to the Supreme Court. Maybe, they have their heads screwed on.

    3. Well maybe if they didn’t go after his son . Or that he didn’t need a attorney present. This was just routine! If the gov is going after your kids you (if you were a good parent ) will try and help them. But you idiot. There should have never been An investigation in the first place.

    4. And when will you ill informed idiots going to understand that 100,000’s of thousands of innocent people who pleaded guilty after going broke to defend themselves and agree to a “deal” for less imprisonment time were let out due to proven innocence. And when will those haters like you understand that even the interviewing FBI agents said he was telling the truth and was innocent but the Obama deep state under Strozk refused to accept and discussed how to make him commit perjury? An investigation has shown he never committed ANY crime and all of his conversations were legal conversations. Add to this that Srozk and his Obama henchmen threatened to charge his son if he did not admit to a crime THEY orchestrated on tape and in in memos. I can only hope that people like you find yourselves in the same injustice and corruption to fully understand this as a poisoned judge refuses to free you after being forced to plead guilty for a crime YOU never committed.

    5. Well in the ordeal of “fire and water” as used during the Salem Witch trials sometimes the choices offered to an innocent party have a predetermined bad ending for the accused.
      Prosecutorial malfeasance should not be rewarded because the victim of it is coerced under extreme duress to plead guilty. The Justice department reviewed the case against Flynn and decided to negate it for that reason. Now the judge has decided to take over the job of the Justice department and conduct his own trial. Perhaps some day judges will restrain their own political biases and conduct themselves within the boundaries of their judicial authority without bias and prejudice. No one is holding their breath.

  1. Isn’t this just grand :^( They are sending the REVIEW back to the BIASED judge. This is like sending the mouse back to the cat !!!

  2. And the liberal scums win again. Trump should just pardon Flynn and screw them all. The guy was set up and anyone with a brain knows that. Of course that leaves out the brainless liberals.

    1. If Trump were to pardon him, that would look like he had done something to be pardoned for. So that’s a last resort. And then Trump couldn’t hire him again, but he could if the case were dismissed. All part of the Dems plan.

  3. Why hasn’t Flynn’s son been charged with anything?
    His father must have known that the crooked cops would have composed a fake crime against him unless he pleaded guilty for something he was innocent of.
    Democrats are ruthless vindictive liars in all of their political actions.

  4. Just another corrupt Democrat Judge and part of the swamp. Both of these judges need to be removed because Sullivan was told to dismiss the case against Flynn. Another example of Democrats and FBI officials acting above the law. They say he lied but under duress/entrapment and later changed his plea based on the facts that came out. So my question is what about all of the lies and corrupt acts by Democrat leaders And FBI officials that took place over the past four years.
    Proud Veteran & Patriot

  5. It is time for the Dems in Congress who love to leak classified documents fill those empty prisons.

  6. What is missing from this article and others is ANY legal basis for a judge to second guess or compel the DOJ to prosecute a case. In fact, this is unprecedented.

  7. A new precedent has now been set by this appeal court’s ruling, and that of Judge Sullivan, of taking over the executive branch’s powers of indicting and prosecuting for violations of law.

    We know that judges for many years now have been making law by rulings from their benches. This does not comport with the US Constitution’s mandate of separation of powers by the three branches of government. The US Constitution mandates that what is not regulated by it’s authority, should be left to the states or/and the American people, not any other branch of the federal government.

    The courts now have a new power of prosecuting the people when the government prosecutors, executive branch of government that is given the sole power of indicting and prosecuting violations of law by the US Constitution, say their is no crime here that can be successfully prosecuted. So then the court usurps the executive branch’s power, mandated it by the US Constitution, and starts a court’s own attempted prosecution and judgement too, through the obvious bias of the judge in charge.

    If they can do this to a person this high in the federal government, they can easily do it to the common American citizens, and this makes one wonder why the US court system is allowing this violation of the US Constitution, and it questions whether or not the US Constitution and our Bill of Rights is even relevant any longer?

    This unconstitutional ruling has been adjudicated by Democrat appointed liberal judges only. A vote for any Democrat will result in even more erosion of the relevance and mandates of our three great documents that sets the standards and the law that the American people have chosen to be ruled under, the Declaration of Independence, the Bill of Rights, and the US Constitution.

  8. DC is a s hole, but more important, everybody there is crooked! 8-2 decision by the court? I bet the 8 voted for Hillary and donate to the Marxist anarchist! Any bets? The 7 richest counties used to be spread around the country, but now they surround DC . I wonder why? It’s because that is where they can steal honest people taxes faster. If the criminals were exposed in this country we would not have to hardly pay ANY Taxes!!!!!!

  9. This is the way it’s done in the ex-Soviet Union, Nazi Germany, China, Cuba, Venezuela, and now Democrat America. That’s why they wanted to rob us of the color American Blue and slander True Americans as “red states” to make themselves sound better. I think George Orwell called it the Ministry of Truth, or now the popular press and media.

    1. This also goes to show that the Patriots need to stand up. There is diffently a justice for them and for us. The swamp is very deep!

  10. Is there any Democrats who will follow the LAW anymore? Dismiss this case already. He plead guilty due to threat to his son. That’s enough right there to dismiss. Now go to Supreme Court. ENOUGH IS ENOUGH.

  11. Here’s the reason: If the case is dismissed, Trump can hire him again. And he knows too much. So the Dems will do anything and everything to keep him on the shelf. A pardon would not allow him to regain his position, so…………….

  12. This is malpractice.A politically corrupt court, a socialist canguroo court.
    How can justice be so warped – but it is standard socialist practice in history to use courts for political purposes.

  13. This is what happens when a past POTUS (Obama) corrupts our court system with radically leftist judges who have no intention to respect/honor the US Constitution with such “trivalities” as separation of powers and due process…plus the fact that Obama, even now, is frantically struggling to salvage some kind of positive legacy for his FAILED presidency…and poor Gen. Flynn and his family are being thrown under the Obama bus. I trust that Gen. Flynn will be able to sue all of these leftist POS’s into financial oblivion after SCOTUS finally exonerates the General. Just have to wait and see.

  14. General Flynn is once more being used as a pawn in the democrats game against the President. This should all have been resolved a long time ago. It’s time for the administration to step in and get this man freed. He’s taken one for the team long enough.

  15. Gen Flynn’s pleas was an act of Extortion by the DOJ who were determined to bankrupt his son with spurious and false allegatio reqiring millions in legal fees unless Flynn Pleaded guilty. The DOJ was operating on Obama’s Mantra of CHange yo can bleive in. Obamas Change was where Evil takes over the DOJ.

  16. Flynn was truthful until the FBI said they would go after his son and family. GEE what would you do? The left are soooooooooooooooooo baddddddddddddddddddddd for us.


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