Michael Flynn Wins Ruling Ordering Judge to Dismiss Case

By Bloomberg. A federal appeals court ordered a judge to immediately dismiss the criminal case against President Donald Trump’s former national security adviser, Michael Flynn, who twice pleaded guilty to lying to the FBI.

A divided three-judge panel on Wednesday said U.S. District Judge Emmet Sullivan in Washington did not have the authority to decide on his own whether to grant the government’s surprise motion to dismiss the case or examine whether it was part of a corrupt effort to aid one of Trump’s political allies.

“This is plainly not the rare case where further judicial inquiry is warranted,” the court said. “The government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt.” (Read more from “Michael Flynn Wins Ruling Ordering Judge to Dismiss Case” HERE)

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Conservative Judges Order the Dismissal of Michael Flynn’s Case

By NBC News. . .By a 2-1 vote, a three-judge panel said U.S. District Court Judge Emmet Sullivan had no choice but to grant the Justice Department’s motion to drop the case against Flynn.

“Because this is not the unusual case where a more searching inquiry is justified, and because there is no adequate remedy for the intrusion on ‘the Executive’s long-settled primacy over charging decisions,’ we grant the petition for mandamus in part and order the district court to grant the government’s Rule 48(a) motion to dismiss the charges against Flynn,” Judge Neomi Rao, a Trump appointee, wrote in the three-judge panel’s majority decision.

. . .Justice Department spokeswoman Kerri Kupec tweeted on the ruling as well, posting, “WIN in General Flynn’s case.”

Judge Robert Wilkins, appointed by former President Barack Obama, authored a partial dissent to the court’s ruling on Wednesday, saying that the appeals court should have waited to see whether Sullivan granted or denied the government’s motion to abandon the case before deciding whether to order him to drop it. (Read more from “Conservative Judges Order the Dismissal of Michael Flynn’s Case” HERE)

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