![]() ![]() Circuit apply the Rule of Law and appreciate the professionalism of the Department of Justice in producing the exculpatory evidence and moving to dismiss a case that should never have been brought," Flynn lawyer Sidney Powell said in an email to CNBC. The president has been highly critical of the prosecution of Flynn, a retired Army lieutenant general who pleaded guilty in late 2017 to lying to the FBI about his conversations with Russia's ambassador to the United States in the weeks before Trump's inauguration. Trump in an Oval Office meeting later Wednesday said he was very happy with the decision. Trump praised Wednesday's appeals court ruling, tweeting that it was "Great!" An en banc review would add to the already odd nature of Flynn's case. ![]() Like the Justice Department's dismissal request, Sullivan's lack of immediate agreement with it and Flynn's request that an appeals court force Sullivan to comply were extremely unusual. circuit unless a case "involves a question of exceptional importance," or is needed to "maintain uniformity of the court's decisions,"īeth Wilkinson, an attorney representing Sullivan in the appeals court proceedings, declined CNBC's request for comment. A judge on the appeals court could ask for a review by all the court's judges. Such an review, known as an en banc hearing, is not usually granted in the D.C. It is not clear whether the ruling will be the last word in the case. "On that, both the Constitution and cases are clear: he may not," wrote Rao, who was appointed by Trump. ![]() Sullivan also said he would consider arguments for or against the dismissal request from third parties not connected to the case.Īppeals court Judge Neomi Rao, in the decision for the majority Wednesday, wrote that the case is about whether a trial court judge can prolong a criminal case and appoint a so-called friend of the court such as Gleeson as a legal advisor after prosecutors have "explained why a prosecution is no longer in the public interest." Instead, Judge Emmet Sullivan appointed a lawyer, former federal judge John Gleeson, to make arguments to him about why the case should not be tossed out. Circuit Court of Appeals for the District of Columbia Circuit after the trial judge did not promptly grant the Justice Department's highly unusual motion to dismiss the case. The ruling came in response to a request for a so-called writ of mandamus, or judicial directive, from Flynn's lawyers. Personal Loans for 670 Credit Score or Lower Personal Loans for 580 Credit Score or Lower Best Debt Consolidation Loans for Bad Credit ![]()
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