A federal appeals court today rejected an effort by General Michael Flynn and the Justice Department to force a lower district judge to dismiss Flynn’s criminal case.
Tennessee Senator Marsha Blackburn expressed frustration with the ruling, asking, “Will the persecution of General Michael Flynn ever end?” It was thought that the case was concluded previously when a three-judge panel from the court moved to overrule Sullivan, but that was not to be.
Will the persecution of General Michael Flynn ever end? @GenFlynn— Sen. Marsha Blackburn (@MarshaBlackburn) August 31, 2020
The case was then taken up by the full D.C. Circuit Court of Appeals, which heard arguments from the DOJ, Flynn’s attorney, and an attorney for D.C. District Judge Emmet Sullivan earlier this month.
The decision was an 8-2 ruling, which said that D.C. District Judge Emmet Sullivan did not act improperly after all by not immediately accepting the Justice Department’s controversial push to dismiss Flynn’s case.
The court additionally said Sullivan’s appointment of an outside former judge to argue against the department was not improper, reversing the judgment of the previous three-judge panel which had argued Sullivan was overstepping his authorities.
From ABC News:
The ruling paves the way for Sullivan to hold a hearing as he considers the DOJ’s request to dismiss Flynn’s case or reject it and move forward with sentencing, though it’s not clear whether Flynn’s attorneys or the DOJ will seek to appeal Monday’s order and prolong the case further.
A spokesperson for the Justice Department did not immediately respond to ABC News’ request for comment.
The ruling comes as at least a temporary setback for Flynn and yet another delay in a politically fraught legal battle that has dragged on since Flynn first agreed to plead guilty to charges from former special counsel Robert Mueller in December 2017.
Blackburn praised law enforcement and the military when she spoke at the Republican National Convention last week. “Leftists try to turn them into villains. They want to cancel them. But I’m here to tell you these heroes can’t be canceled. Tennessee is full of them. After all, we’re the Volunteer State,” Blackburn said.
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