Previous national security consultant Michael Flynn’s criminal case originates from declarations he made in January 2017 about his contacts with Russia’s ambassador to the U.S. in the weeks before President Trump’s inauguration.
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WASHINGTON– A federal appeals court will rehear a legal difficulty to whether charges against former Trump administration nationwide security adviser Michael Flynn need to be dropped, the most recent twist in a yearslong legal drama in the last remaining continuing criminal case from unique counsel Robert Mueller’s investigation.
The full U.S. Circuit Court of Appeals in Washington, D.C., will think about whether a lower court judge must dismiss the charges against Mr. Flynn, or whether that judge may proceed with an inquiry into the scenarios that led the Justice Department to withdraw charges against Mr. Flynn even after protecting his guilty plea.
The appeal was initially decided by a three-judge panel, which ruled last month that the trial court Judge Emmet Sullivan had no option but to dismiss the charges versus Mr. Flynn and had actually overstepped his authority when he selected a retired judge to act as an outside lawyer to argue against the federal government’s motion.
Judge Sullivan requested the full D.C. Circuit to rehear that decision, which was granted in an order on Thursday. Arguments are set for Aug. 11 prior to the judges on the full circuit court. Eleven judges rest on the court, however one is recused for an unspecified factor. Mr. Flynn’s attorney didn’t right away respond to a request for comment.
The criminal case regarding Mr. Flynn, a previous military intelligence officer who ended up being a confidant of Mr. Trump during the 2016 campaign, originates from declarations he made in January 2017 about his contacts with Russia’s ambassador to the U.S. in the weeks prior to President Trump’s inauguration. He was also dislodged of the administration in its first month over his statements to other officials about his contacts with the Russians.
Mr. Flynn was at first a cooperating witness in Mr. Mueller’s probe into Russian interference in the 2016 presidential election, pleading guilty to a single charge of lying to the FBI and providing essential statement to the unique counsel about his time as a Trump campaign adviser and White Home national security chief. The cooperation with the government delayed his sentencing.
Last year, he abruptly changed strategies, ending his cooperation with the government on the eve of the trial of a previous organisation associate, firing his legal team, and seeking to withdraw his guilty plea arguing that the federal government had kept exculpatory evidence from him and that the FBI had mishandled his preliminary interview. The Justice Department agreed Mr. Flynn and sought to withdraw the charges previously this year, concluding that it didn’t think it might win the case at trial– in spite of Mr. Flynn’s guilty plea.
In reaction, Judge Sullivan selected John Gleeson, a retired federal prosecutor and judge, to make arguments about whether Mr. Flynn perjured himself and whether the court could require the federal government to go to trial over its objections.
Learn More on the Flynn Case
Write to Byron Tau at byron.tau@wsj.com
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