Full appeals court to review Flynn case dismissal
WASHINGTON — The entire Washington-based federal appeals court is stepping into the legal dispute over former Trump national security adviser Michael Flynn as it weighs whether a judge can be forced to dismiss a case that the Justice Department no longer wants to pursue.
The action Thursday by the full U.S. Court of Appeals for the District of Columbia Circuit vacates a decision from a three-judge panel last month that ordered the case dropped.
The move also prolongs the fight over Flynn’s fate.
The court set arguments for Aug. 11. It did not offer an explanation for its decision in a brief order posted online but said that “the parties should be prepared to address whether there are ‘no other adequate means to attain the relief ’ desired.”
Sidney Powell, a lawyer for Flynn, did not return an email seeking comment but tweeted the news and wrote, “WOW!” A Justice Department spokeswoman declined to comment.
A three-judge panel ruled 2-1 last month that U.S. District Judge Emmet Sullivan had overstepped his bounds by not granting the Justice Department’s request in May to dismiss the case against Flynn, who pleaded guilty to lying to the FBI about his contacts with the Russian ambassador during the presidential transition period.
The panel ordered Sullivan to grant the department’s motion and to dismiss the case, but Sullivan asked for the dispute to be reviewed by the full court instead of three judges.