At issue is whether a federal district judge abused his discretion when he appointed a third party to challenge DOJ's bid to drop its prosecution of Flynn.
WASHINGTON – Michael Flynn's efforts to force an end to the criminal case against him faced a skeptical appeals court Tuesday, as judges questioned whether the presiding judge overstepped his authority when he refused to immediately dismiss the case.
"It's not ministerial. You know it's not. The judge is not simply a rubber stamp," Griffith told Flynn's attorney, Sidney Powell."Aren't you just arguing about what the judge must do to educate himself or herself ?" Story continuesThe hearing, which lasted nearly four hours, is the latest in Flynn's tangled criminal and political saga. The nearly four-year-old case has now led to an unusual legal battle in the federal appeals court in Washington, D.C., where both Flynn and the Justice Department sought to dismiss the case, while Sullivan – himself represented by an attorney – argued he's entitled to scrutinize the government's motives.
Panel sides with Flynn: Federal appeals court orders dismissal of Michael Flynn case, likely ending prosecution of ex-Trump adviserDuring the hearing, Acting Solicitor General Jeff Wall argued that Sullivan's decision to request a rehearing has created an appearance that he can't be impartial."It raises a question in whether the district court is invested in what should be its official authority," Wall said.
Echoing Griffith, D.C. Circuit Court Judge Patricia Millet asked what judges can do if, hypothetically, they believe the government lied to them."The court has to grant dismissal?"Judge Pillard acknowledged that the Justice Department has the authority to drop or pursue a prosecution, but she bristled at the notion that Sullivan can't question the agency's decision to dismiss the case of a defendant it once aggressively prosecuted.
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Appeals court likely to let judge decide whether to drop Michael Flynn chargesMembers of a federal appeals court signal that they will likely let a lower court judge decide whether to dismiss criminal charges against Michael Flynn.
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Appeals court holds rehearing on DOJ effort to drop Flynn caseSeveral judges appeared to express concern over taking the extraordinary step of intervening in the case before Sullivan holds a scheduled hearing to consider arguments on the DOJ's motion.
Weiterlesen »
Appeals court re-hears bid by former Trump aide Michael Flynn to toss prosecutionA full federal appeals court began considering arguments by a lawyer for President Donald Trump's former national security advisor Michael Flynn that his criminal case should be dimissed.
Weiterlesen »
Appeals court likely to let judge decide whether to drop Michael Flynn chargesMembers of a federal appeals court signal that they will likely let a lower court judge decide whether to dismiss criminal charges against Michael Flynn.
Weiterlesen »