. . .In an en banc hearing, the D.C. Court of Appeals ruled that the biased judge presiding in Flynn’s case, Emmet Sullivan, can move forward with hearings on the recent Department of Justice motion to dismiss the criminal charges against Flynn.
This came after the lengthy history of DOJ/FBI overreach and possible prosecutorial misconduct regarding their investigation to Flynn were unearthed (via Axios):
The full D.C. Circuit Court of Appeals issued an 8-2 ruling on Monday denying former national security adviser Michael Flynn’s petition to force a federal judge to immediately drop his criminal case, as requested by the Justice Department.
Why it matters: The ruling will allow District Judge Emmet Sullivan to hold hearings to discuss the motion to dismiss the case against Flynn, who pleaded guilty in the Mueller investigation to lying to the FBI about his contacts with the former Russian ambassador.
The big picture: The Justice Department under Attorney General Bill Barr moved to dismiss the charges against Flynn in May, following a review that alleged prosecutorial misconduct by the FBI agents who had interviewed Flynn.
Judge Sullivan pumped the brakes on the case and sought to hear from outside parties on whether he should accept the government’s motion.
Flynn update - here is the order denying the mandamus.
The case goes back to Judge Sullivan.
The opinion ends with these words:
"we expect the District Court to proceed with appropriate dispatch." 🤔 pic.twitter.com/CQouaOhGzq
— Techno Fog (@Techno_Fog) August 31, 2020
via joemiller