Appeals Court Flip-Flops, Keeps Flynn Case Alive

Appeals Court Flip-Flops, Keeps Flynn Case Alive

( – On Monday, August 31, a federal appeals court ruled against the Justice Department’s efforts to shut down the criminal case against President Trump’s former National Security Advisor Michael Flynn.

Earlier this year, Attorney General Bill Barr dropped charges against Flynn, after it was discovered that the FBI had coerced a confession from him. That confession was later recanted. Emmet Sullivan, the district judge in the case, decided not to drop the case. Instead, he asked a third-party retired federal judge to argue against the dismissal by the Justice Department.

The appeals court 8-2 decision gives the power back to Judge Sullivan, who says he’s planning to hold a hearing.

The merit of the Flynn prosecution was not the issue before the appeals court. They only decided on whether Sullivan could be forced to listen to the Justice Department and drop the case. Sullivan wanted to hold hearings to scrutinize the decision.

The court’s ruling on Monday continues what could be the most significant step yet in what’s become a supercharged political case seen as targeting President Trump. It’s no small thing that it’s happening in an election year.

Earlier this summer, a smaller group of judges on the DC Circuit Court of Appeals sided with Flynn 2-1, ordering the lower court to drop his case. But when the full court voted, they came to a different conclusion. So the fight continues.

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