A federal appeals court handed a major victory to Michael Flynn on Wednesday, ordering a lower court judge to dismiss the felony false-statement charge the former national security adviser pleaded guilty to during special counsel Robert Mueller’s investigation into ties between the Trump campaign and Russia.
A three-judge panel of the D.C. Circuit Court of Appeals split, 2-1, as it backed Flynn’s unusual bid to strongarm U.S. District Court Judge Emmet Sullivan into accepting Attorney General William Barr’s move to pull the plug on Flynn, the top foreign policy aide in the early days of President Donald Trump’s administration.
The majority opinion, penned by Trump appointee Neomi Rao, said allowing the case to continue would intrude on the executive branch’s prerogatives to control criminal prosecutions. Sullivan could ask the full bench of the appeals court to reconsider the issue or a member of that court could ask for a vote to do so.
Full Story @ Politico