The U.S. District Court judge who oversaw the criminal case of President Donald Trump's former national security adviser Michael Flynn has requested a full appeals court review after a three-judge panel ordered him to dismiss it. U.S. District Judge Emmet Sullivan made the highly unusual the request
WASHINGTON — The U.S. District Court judge who oversaw the criminal case of President Donald Trump's former national security adviser Michael Flynn has requested a full appeals court review after a three-judge panel ordered him to dismiss it.
The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s decision to abandon the case against Flynn settled the matter, even though Flynn had pleaded guilty as part of special counsel Robert Mueller’s Russia investigation to lying to the FBI. Sullivan had declined to immediately dismiss the case, seeking instead to evaluate on his own the department’s request. He appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury. He had set a July 16 hearing to formally hear the request to dismiss the case.
He requested the full appeals court to re-hear the case. If the court agrees, the 11 fulltime judges in the D.C. circuit would listen to arguments, instead of just three, the norm for most cases.
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