Thursday, May 21, 2020

Appeals court orders Michael Flynn judge to respond to demand for dismissal of case against ex-Trump advisor

A federal appeals court on Thursday ordered the judge handling the criminal case of President Donald Trump's former national security advisor, Michael Flynn, to respond to a request by Flynn's lawyers to dismiss the case.

The order came two days after Flynn's lawyers asked the U.S. Circuit Court of Appeals for the District of Columbia to drop the case and assign any future court proceedings to another judge.

Flynn's lawyers had argued to the appeals court that Sullivan's moves "Reveal his plan to continue the case indefinitely, rubbing salt in General Flynn's open wound from the Government's misconduct and threatening him with criminal contempt."

Sidney Powell, an attorney for Flynn, did not immediately respond to CNBC's request for comment on the order.

Flynn had appeared in Sullivan's courtroom in December 2018 to be sentenced, but the retired lieutenant general opted to delay the proceeding after Sullivan warned Flynn may face jail time if he was sentenced before completing his cooperation with then-special counsel Robert Mueller's investigators.

Months later, Flynn dismissed his legal team and hired Powell, a vocal Mueller critic, who soon began efforts to undo the criminal case.

In early May the Justice Department filed a motion to dismiss the charge against Flynn.

https://www.cnbc.com/2020/05/21/appeals-court-orders-flynn-judge-to-respond-to-demand-to-dismiss-case.html

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