Emmet Sullivan
The District of Columbia Circuit Court of Appeals will hear an appeal to continue the case against Michael Flynn even though the Justice Department has filed a motion to dismiss the charges.
A three-judge panel of the appeals court previously ordered the trial court judge in the case, Emmet Sullivan, to grant the DOJ's motion to dismiss, but he refused.
Now, the full court will hear Sullivan's appeal Aug. 11.
The Washington Examiner reported Sullivan had turned prosecutor in the case, appointing another judge to argue against Flynn.
Flynn's lawyers argue Sullivan "has no interest" in continuing the case, since both the defendant and prosecutors want it dropped.
Flynn update -
Team Flynn has filed their opposition to Judge Sullivan's request for rehearing (appeal).
Judge Sullivan's efforts should be denied - he "has no cognizable interest in this case."
Full doc:https://t.co/aNlNi4doyA pic.twitter.com/GL0bQnYHsp
— Techno Fog (@Techno_Fog) July 20, 2020
The Gateway Pundit blog summarized: "Gen. Michael Flynn was lied to, set up multiple times before and after the Trump inauguration, excessively and to the point of illegally unmasked, targeted, ambushed in the White House, falsely accused, threatened with his son being indicted, provided corrupt legal counsel (the same firm where corrupt Obama former AG Eric Holder works), harassed for 3 years, belittled, slandered, besmirched by the judge, harassed by the judge, and then the attorneys going after him were the same attorneys who represented the corrupt Sally Yates who lied and told President Trump General Flynn lied."
Flynn pleaded guilty in a case triggered by special counsel Robert Mueller's Russia-collusion probe. The former Trump national security adviser then withdrew the plea, presenting evidence he was the victim of a "perjury trap."
Evidence unsealed in the case showed FBI agents -- after the bureau was prepared to close the investigation for lack of evidence -- discussing how to get him to lie.
The FBI has admitted it had a transcript of the telephone call with a Russian ambassador at the center of the case, making their questioning of Flynn about it unnecessary.
Earlier, Judge Neomi Rao, a 2019 Trump appointee, authored the opinion of the three-judge panel ordering Sullivan to dismiss the case. She was joined by George H.W. Bush appointee Judge Karen Henderson.
Rao wrote: "In its motion, the government explains that in light of newly discovered evidence of misconduct by the Federal Bureau of Investigation, the prosecution can no longer prove beyond a reasonable doubt that any false statements made by Flynn were material to a legitimate investigation."
The judge said it is "plainly not the rare case where further judicial inquiry is warranted."
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