The decision blocks U.S. District Judge Emmet G. Sullivan from scrutinizing the Justice Department’s move to drop its prosecution of the former Trump national security adviser.
must immediately dismiss the criminal case against President Trump’s former national security adviser Michael Flynn and cannot scrutinize the Justice Department’s decision to drop the long-running prosecution,, the court said it is not within the judge’s power to prolong a prosecution or examine the government’s motives in the politically charged case.
The ruling from the three-judge panel means that at least for now Sullivan cannot hold a hearing set for July 16 to formally consider the government’s request to dismiss Flynn’s case. Sullivan could ask for a rehearing, or the full court could decide to revisit the decision from the three-judge panel, whose members are selected at random.
Federal criminal rules require prosecutors to obtain permission from the presiding judge to drop charges against a defendant, but legal experts and former judges disagree about the limits of that judicial authority. Before it moved to sentencing, Attorney General William P. Barr ordered a review of Flynn’s case. The review found that the FBI agents who questioned Flynn had no valid investigative basis to do so and that, therefore, any lies he told were irrelevant to any crime.
Federal rules, she said in a statement, give the judge “a say in whether Attorney General Barr should be allowed to simply drop the matter, an act that would aid one of President Trump’s stalwart allies by essentially giving him a ‘get out of jail free’ card.”
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