A three-judge panel for the U.S. Court of Appeals for the District of Columbia, by a 2 to 1 vote, ordered the presiding U.S. District Court Judge Emmet G. Sullivan to immediately dismiss the case against retired three-star general Michael T. Flynn, President Trump's former national security adviser.
Judge Sullivan had tried to prolong the case against Flynn on his own initiative after the Justice Department moved to drop its charges.
The case is "About whether, after the government has explained why a prosecution is no longer in the public interest, the district judge may prolong the prosecution by appointing an amicus, encouraging public participation, and probing the government's motives," wrote appellate Judge Neomi Rao for the majority.
Even after the Justice Department reviewed the FBI's misconduct in the matter and decided to drop the case after concluding that the prosecution could no longer prove beyond a reasonable doubt that any false statements made by Flynn were material to a legitimate investigation, Judge Sullivan pressed on.
The Court of Appeals panel decision noted the anomaly that "The court has appointed one private citizen to argue that another citizen should be deprived of his liberty regardless of whether the Executive Branch is willing to pursue the charges."
The full Court of Appeals can, if it wishes, review the three-judge panel decision at the request of Judge Sullivan or on its own initiative.
Trump-hating pundits will no doubt cry foul and demand a full court re-hearing, pointing to the fact that Judge Neomi Rao, the author of the panel's majority opinion, is a Trump appointee.
Judge Sullivan had tried to prolong the case against Flynn on his own initiative after the Justice Department moved to drop its charges.
The case is "About whether, after the government has explained why a prosecution is no longer in the public interest, the district judge may prolong the prosecution by appointing an amicus, encouraging public participation, and probing the government's motives," wrote appellate Judge Neomi Rao for the majority.
Even after the Justice Department reviewed the FBI's misconduct in the matter and decided to drop the case after concluding that the prosecution could no longer prove beyond a reasonable doubt that any false statements made by Flynn were material to a legitimate investigation, Judge Sullivan pressed on.
The Court of Appeals panel decision noted the anomaly that "The court has appointed one private citizen to argue that another citizen should be deprived of his liberty regardless of whether the Executive Branch is willing to pursue the charges."
The full Court of Appeals can, if it wishes, review the three-judge panel decision at the request of Judge Sullivan or on its own initiative.
Trump-hating pundits will no doubt cry foul and demand a full court re-hearing, pointing to the fact that Judge Neomi Rao, the author of the panel's majority opinion, is a Trump appointee.
No comments:
Post a Comment