A federal appeals court on Wednesday ordered the dismissal of the criminal case
against President Donald Trump’s former national security adviser Michael Flynn.
COURT ORDERS FLYNN DISMISSAL AFTER APPEAL
The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s decision to abandon the case against Flynn settles the matter.
Though Flynn pleaded guilty to lying to prosecutors in special counsel Robert Mueller’s Russia investigation.
U.S. District Judge Emmet Sullivan was widely criticized after he declined to immediately dismiss the case, seeking instead to evaluate on his own the department’s unusual dismissal request.
He appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury.
He had set a July 16 hearing to formally hear the request to dismiss the case.
The appeals court ruled it was not within a judge’s power to prolong the prosecution or examine why it was overturned.
“This is not the unusual case where a more searching inquiry is justified,” wrote Judge Neomi Rao, a recent nominee of the president, who was joined by Judge Karen LeCraft Henderson.
“To begin with,” she added, “Flynn agrees with the government’s motion to dismiss, and there has been no allegation that the motion reflects prosecutorial harassment.”
Additionally, the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt.
She called Sullivan’s scrutiny of the government’s request an “irregular and searching” step that could force the government to justify its decision in this case and others.
President Trump tweeted just moments after the ruling became public:
“Great! Appeals Court Upholds Justice Departments Request to Drop Criminal Case Against General Michael Flynn.”
DAWG SAYS: WHY WOULD A JUDGE NOT TAKE A DISMISSAL FROM A PROSECUTER, THAT IS WHAT THEY ARE SUPPOSED TO DO “IN THE INTEREST OF JUSTICE.”
ALSO, THE ARTICLE SAYS THE JUDGE SAID IT WAS UNUSUAL DISMISSAL REQUEST.
AGAIN, THAT IS A ROUTINE THING THEY DO WHEN THEY CANNOT CONVICT.
HELP SUPPORT DAWGS BLOG
DONATIONS ACCEPTED IN LIEU OF ADVERTISEMENTS THROUGH PAYPAL