In shocking ruling, appeals court orders judge to accept dismissal of charges against Michael Flynn

The Young Turks / YouTube Have Feds Flipped Mike Flynn Against...
The Young Turks / YouTube

In an astounding ruling, the D.C. circuit of the Court of Appeals has ordered the district court to accept the Department of Justice’s (DOJ) motion to dismiss all charges against Michael Flynn. This action completely overturns the actions of U.S. District Court Judge Emmet Sullivan and explicitly dismisses the findings of former federal judge John Gleeson, who was appointed by Sullivan to review the case following the DOJ’s extraordinary move to end prosecution.

Two weeks ago, Gleeson produced a lengthy document that blasted the DOJ’s efforts to undermine and withdraw from their own case. But all of Gleeson’s findings appear to be set aside by this brief ruling.

Making the ruling even more unusual, even though it was Flynn’s attorneys who filed for writ of mandamus, it appears the appeals court has ruled in favor of … the DOJ, which was not a party to that claim. And it comes following previous suggestions that the appeals court was prepared to reject Flynn’s appeal.


This surprise ruling comes from a three-judge panel and was authored by Trump-appointed Judge Neomi Rao. During arguments, Rao appeared reluctant to accept Flynn’s plea and questioned what harm would be done by allowing a hearing where Judge Sullivan could question the DOJ attorneys.


Marcy Wheeler suggests that the actual motivation behind Rao’s out-of-right-field decision has little to do with law.

“Rao’s opinion makes no attempt to defend Flynn’s argument. Rather, her order is entirely about preventing DOJ—Bill Barr—from the embarrassment of being forced to explain his decision.”


Despite the celebration on the right, expect this to be back in front of the entire Appeals Court — and don’t expect that court to blindly stamp Rao’s highly unusual claims of DOJ inerrancy.

Thank you to all who already support our work since we could not exist without your generosity. If you have not already, please consider supporting us on Patreon to ensure we can continue bringing you the best of independent journalism.

Leave a Comment

5 Comments on "In shocking ruling, appeals court orders judge to accept dismissal of charges against Michael Flynn"

avatar
newest oldest most voted
Independent
Guest
Independent

He wasn’t charged for all the illegal things he did. If he is released from this conviction, can he be charged with the rest of the story?

Facts Hurt
Guest
Facts Hurt

Here we go, the repercussions of the right wing takeover of the courts. Amazing that it just happens to be a Trump appointee.

Nevatrumper
Guest
Nevatrumper

I’m guilty, no I’m not guilty. Waite I think I’m guilty, but maybe not. Untill we see the 37 missing pages from the muller report, the man I believe the judge called a traitor needs be kept in shackles. Bill Barr should be recused from anything todo with traitor Flynn. After all he is the one who blacked out 37 pages of the muller report. What the f#*%.

Debra
Guest
Debra

He is still a criminal just as tRump is still an impeached President

David Bishop
Guest
David Bishop

Surprise, surprise.