DC Circuit court rules against Flynn case dismissal

The D.C. Circuit Court of Appeals ruled in an 8-2 decision that D.C. District Court Judge Emmet Sullivan does not have to grant prosecutors' motion to dismiss the criminal case against former national security adviser Michael Flynn. The en banc review by the full court (minus Judge Gregory Katsas, who recused himself) reverses the decision of a three-judge panel, which had issued a writ of mandamus ordering Sullivan to toss the case. Flynn had argued that Sullivan overstepped his authority by appointing a third-party amicus curiae (friend of the court) to argue against dismissal, even though Flynn and the Justice Department agreed to dispose of the case.-- More...