A federal judge can scrutinize the Justice Department’s decision to drop the criminal case against President Trump’s former national security adviser Michael Flynn, a federal appeals court in Washington ruled Monday, allowing the legal saga to continue.
The divided decision from the full U.S. Court of Appeals for the D.C. Circuit gives U.S. District Judge Emmet G. Sullivan the go ahead to question prosecutors’ unusual move to dismiss Flynn’s case ahead of sentencing. The retired general twice pleaded guilty to lying to the FBI about his Russian contacts before Trump took office in 2017.
In an 8-to-2 ruling, the court denied Flynn’s request, backed by the Justice Department, to shutdown Sullivan’s planned review and appointment of a retired federal judge to argue against the government’s position.