By Duncan Smith
The D.C. Circuit Court of Appeals has ordered the U.S. district judge handling former National Security Adviser Michael Flynn’s case, to respond to his attorney’s request for dismissal.
The order from the higher court comes two days after Flynn’s attorneys, led by former federal prosecutor Sidney Powell, asked the appeals court to drop the case and assign all future proceedings regarding Flynn to a different judge, CNBC reported.
The network added:
The Department of Justice two weeks earlier made the surprise move to abandon its own prosecution of Flynn, who had pleaded guilty to lying to the FBI about his conversations with then-Russian Ambassador Sergey Kislyak in the weeks before Trump’s inauguration.
But U.S. District Court Judge Emmet Sullivan did not immediately grant the DOJ’s motion to dismiss its case. Instead, he appointed a former federal judge to argue against the request, and submitted a schedule to allow third parties to submit arguments in the case.
Powell 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.”
The jurist has 10 days to respond to the appeals court’s order.
Flynn appeared in Sullivan’s courtroom in December 2018 for sentencing but he opted to delay it after Sullivan bizarrely accused the former Army lieutenant general of “treason” and warned he could face jail time before he completed his cooperation with then-special counsel Robert Mueller.
Shortly thereafter, Flynn fired his legal team and hired Powell, who has made strides in convincing the Justice Department to withdraw the case against Flynn after discovering strong evidence indicating James Comey’s FBI tried to set the retired three-star general up.