Judge asks appeals court to revive Michael Flynn case, permit review of DOJ dismissal
The legal saga of President Trumps former national security adviser Michael Flynn continued Thursday when a judge asked the appeals court in Washington to revive his effort to scrutinize the Justice Departments move to drop Flynns case.
The full U.S. Court of Appeals for the D.C. Circuit will now decide whether to take a second look at U.S. District Judge Emmet G. Sullivans plan to examine whether the governments move to undo Flynns plea of guilty is in the public interest.
Sullivans request for rehearing comes after a divided three-judge panel on June 24 ordered him to put an end to the case and said Sullivan was wrong to appoint a retired federal judge to argue against the governments position.
In response, Sullivans attorneys told the court that while the panel majoritys opinion is couched as a fact-bound ruling, it marks a dramatic break from precedent that threatens to turn ordinary judicial process upside down.