Appeals court orders Flynn case dismissal, after years-long legal saga

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Appeals court orders Flynn case dismissal, after years-long legal saga
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Appeals court orders Flynn case dismissal, after years-long legal saga
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A federal appeals court on Wednesday ordered a lower court to allow the case against former National Security Adviser Michael Flynn to be dismissed, as requested by the Justice Department — likely ending the years-long legal saga stemming from the Russia investigation.

The abrupt ending came in a 2-1 ruling and order from judges on the U.S. Court of Appeals for the District of Columbia.

This was the result of an appeal from Flynn’s lawyers asking for a so-called writ of mandamus — essentially an order telling a government official to carry out a certain duty — directing District Judge Emmet Sullivan to approve the DOJ’s motion to dismiss.

Sullivan did not immediately grant that motion and instead sought to hold hearings on the matter, angering Flynn allies.

The unusual move from Sullivan to keep the case alive despite prosecutors’ wishes was preceded by an unusual move from the DOJ itself to drop the charges against Flynn even after he had pleaded guilty — saying the FBI interview that led to his charge of lying to investigators about his contacts with Russia’s ambassador had no “legitimate investigative basis.”

It’s unclear whether Sullivan could try to appeal to the full appeals court or even to the Supreme Court in order to keep the case alive. The next step otherwise would likely be for Sullivan to comply.

Wednesday’s court order was direct, ordering “that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s … motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date.”

Flynn dialed into Rush Limbaugh’s radio show Wednesday, breaking his silence on the case, and calling the decision a “good thing” for him and his family, but “a great boost of confidence” for the American people and “our justice system,” while touting his lawyer Sidney Powell as a “terrific lawyer” and “the American guardian of justice.”

President Trump cheered the decision Wednesday morning, tweeting: “Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!”

A senior DOJ official told Fox News the department is “pleased” by the appeals court decision in the Flynn case.

The accompanying decision essentially backed federal prosecutors in their move to drop the case.

”In this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power. The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority,” Judge Neomi Rao, a Trump appointee, wrote in the decision.

You can read the rest of Brooke Singman’s article at FoxNews.com

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