OVERRULED: DOJ’s Case Against Michael Flynn Must Be Dropped


WASHINGTON, D.C – This morning, a Washington D.C. Circuit Court of Appeals ruled in a three-judge panel that the Michael Flynn case should end, and the charges must be dropped by the Department of Justice. In the 2-1 decision, District Judge Emmet Sullivan is ordered to accept the Justice Department’s motion to dismiss the case against former Trump national security adviser Michael Flynn.

The ruling came after the trial judge had questioned the Department of Justice’s move to dismiss the case for lack of evidence despite Flynn pleaded guilty three times. The ruling leads to a major victory for Flynn, whose legal team argued for months that the government unfairly targeted him for political reasons pointing to prosecutorial misconduct having no legitimate investigative basis to begin with.

Trump-appointee Judge Neomi Rao wrote the majority opinion detailing how the court believes Judge Sullivan overstepped his authority.

United States Court of Appeals, FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued June 12, 2020 Decided June 24, 2020 No. 20-5143I RE: MICHAEL T. FLYNN, PETITIONER – On Emergency Petition for a Writ of Mandamus. Read the full ruling here.

According to CNN legal analyst Elie Honic, although theoretically the decision could be referred over to the entire Court of Appeals or even the Supreme Court, that would be what he “procedurally awkward,” and that this decision is pretty much “case closed.”

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