CNBC has this story up here that the DC Court of Appeals rejected the request by Michael Flynn to enforce the Dept of (In)Justice’s request, planted by Donnie Deathcount henchling AG Barr, for dismissal of his case. The vote was 8-2.
If you recollect, Justice Sullivan appointed a special master to review the case for dismissal and invited third parties to respond to the request. Justice Sullivan denied the request for dismissal. Flynn appealed to the DC Circuit Court of Appeals. In a 2-1 decision (led by Trump appointee Naomi Rao), a panel determined Sullivan would have to follow the DoJ request and dismiss the case. Sullivan appealed to the full Court.
Today’s ruling smacks down the Trump appointee (any surprise there?) and:
In an 8-2 ruling, the appeals court judges indicated that Flynn’s request was premature, since U.S. District Court Judge Emmet Sullivan of Washington had not yet even ruled on the dismissal request by the Justice Department.
The Court also dismissed Flynn’s request that Judge Sullivan be removed from the case. That was also denied. The case goes back to Judge Sullivan for ruling and potential Flynn sentencing.