Michael Flynn just suffered a setback that will ultimately mean nothing but may prod President Trump to end the charade once and for all.
Bill Barr and the Department of Justice were on board with Mike Flynn seeking to dismiss his charges and Flynn won the first round in court.
But the presiding judge objected and called for an En banc ruling. Flynn just lost this ruling leaving Trump a few options to end this.
From The Hill:
A federal appeals court rejected Michael Flynn’s effort to force a judge to immediately dismiss the charges against him, overturning an earlier decision that would have allowed the Department of Justice to drop its case against the former national security adviser.
The D.C. Circuit Court of Appeals ruled 8-2 against Flynn’s petition for it to step in and force a district court judge to grant the DOJ’s motion to drop charges without holding a hearing on the issue.
The court wrote: “In the absence of any extraordinary harm to [Flynn] that would result from waiting to seek our review (if necessary) after the District Court decides the motion in the ordinary course, the writ cannot issue…Nor can we conclude that the [DOJ] will suffer any irreparable injury.”
NOW: DC Circuit DENIES Michael Flynn's request to order a federal judge to dismiss the criminal information against him. Overturns the earlier panel ruling in Flynn's favor. pic.twitter.com/voBYMWffSZ
— Jacqueline Thomsen (@jacq_thomsen) August 31, 2020
In the opinion, the court found that Flynn hasn't met the legal requirements for them to order Judge Emmet Sullivan to not hold a hearing on the request to dismiss the case. The court also won't reassign the case to a different judge.
Opinion: https://t.co/fbTVOnNnEX pic.twitter.com/f8uuPT13KU
— Jacqueline Thomsen (@jacq_thomsen) August 31, 2020
