Federal Judge: Court Will Rehear Case Against Michael Flynn, Despite DOJ Maneuvering

TOPLINE

Despite public support from President Trump and the Justice Department’s decision to drop the criminal charges against him, a Federal Appeals Court said on Thursday it would re-hear arguments that officially ended the case against former national security advisor Michael Flynn.

KEY FACTS

In May, after a highly public campaign by President Trump and his surrogates, the Justice Department dropped its charges against Flynn.

The move was widely seen as an attempt by Attorney General William Barr to bulldoze the investigation into whether Trump or his associates conspired with Russia to interfere in the 2016 presidential election.

Flynn had already twice pleaded guilty to lying to the FBI about conversations he had during the 2016 election with a Russian diplomat.

In June, a three judge panel delivered a split decision ordering the trial judge, Emmet G. Sullivan, to adhere to the DOJ’s request and dismiss the charges without further review.

Sullivan, instead of granting the request to dismiss the charges, appointed a former federal judge, John Gleeson, to argue against the panel’s decision in front of the full Court of Appeals saying the decision was “a dramatic break from precedent that threatens the orderly administration of justice.”

key background

Attorney General Barr has in the past come under fire for what some see as an attempt to brush off the results of the investigation into Russian election interference, specifically special counsel Robert Mueller’s report. In March, a federal judge went as far as to say that Barr “couldn’t be trusted” and called into question whether Barr “made a calculated attempt to influence public discourse about the Mueller report in favor of President Trump despite certain findings in the redacted version of the Mueller report to the contrary.” By moving to drop the charges against Flynn, the DOJ effectively unraveled one of the first significant moves made by the special counsel investigation into the 2016 election.

further reading

Case of ex-Trump aide Flynn to be reheard by full U.S. appeals court (Reuters)

Judge in Michael Flynn Case Asks for Full Appeals Court Review (New York Times)

U.S. Drops Michael Flynn Case, in Move Backed by Trump (New York Times)

Barr Increasingly Appears Focused on Undermining Mueller Inquiry (New York Times)

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