The DC Circuit Court Refuses to End Case Against Michael Flynn
It’s a rare day when both the Department of Justice and a criminal defendant lose. But that is what happened today.
Michael Flynn is a well known political operative. He was once a decorated general in the military. Then he became a strong supporter of President Trump. Later, President Trump appointed Michael Flynn to a cabinet-level position. A few months later, the Department of Justice indicted him for crimes of a political nature.
Michael Flynn pleaded guilty. He swore under oath that he was guilty of the crime.
Later, he recanted his statement, claiming that the FBI and other authority figures induced him to plead guilty. His position angered the judge.
Prior to the sentencing hearing, the Attorney General of the United States ordered maneuvered prosecutors to file a motion to dismiss all charges against Michael Flynn. The judge refused to become a political pawn, and would not allow the Department of Justice to dismiss the case.
The Department of Justice did not relent. It filed an appeal with the DC Circuit. Three Circuit Court judges heard the case. Two of those judges ruled that the District Court Judge had overstepped his bounds and that the case should be dismissed.
That did not end the matter. The District Court judge collaborated with others to request an en banc hearing—so the entire Circuit Court would have an opportunity to rule. And today, on August 31, 2020, in case number 20-5143, the DC Circuit Court ruled that the case of Michael Flynn could proceed in the district court.
Now, Michael Flynn faces the wrath of the judge. He has pleaded guilty. We will see what happens next.