Appeals Court Orders Judge to Dismiss Michael Flynn Case

by Chuck Ross

A federal appeals court on Wednesday ordered a federal judge to immediately dismiss charges against former national security adviser Michael Flynn.

The three-judge panel voted 2-1 against U.S. District Court Judge Emmet J. Sullivan, who sought to force the Justice Department to defend its decision to drop its case against Flynn.

Judge Neomi Rao, a Trump appointee who wrote the opinion, said the case was “about whether, after the government has explained why a prosecution is no longer in the public interest, the district judge may prolong the prosecution by appointing an amicus, encouraging public participation, and probing the government’s motives.”

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