Full DC Court of Appeals Hears Flynn Dispute With His Judge

August 11, 2020
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August 11, 2020

The full U.S. Court of Appeals for the D.C. Circuit is hearing Tuesday arguments in the extraordinary dispute between Michael Flynn and his judge. The dispute centers on whether the judge is required to drop Flynn’s case now that the Justice Department has requested it be dismissed.

The D.C. Circuit has already halted an order from a three-judge panel from its bench directing the judge, U.S. District Judge Emmet Sullivan, to immediately drop the case.

The initial appeals court panel, which was made up of a majority of GOP appointees, sided with Flynn. But at Sullivan’s request, the full appellate bench — which is tilted towards Democratic appointees — is now reviewing the dispute. The Justice Department is supporting Flynn’s efforts to get an appeals court intervention.

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Listen Live

The court has a livestream here.

What To Watch

  • Tuesday’s arguments raise the stakes on the fight over Flynn’s case. No matter what ultimately happens in Flynn’s particular case, a broader question in the dispute is whether federal judges are obligated to go along with DOJ prosecutorial decisions that appear to be driven by an inappropriate political motive.
  • Sullivan had not yet decided what to do with the DOJ dismissal request, and a major question expected to be argued in front of the appeals court Tuesday is whether it’s too early in the process for the appeals court to be jumping in and reversing Sullivan’s moves.
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The full U.S. Court of Appeals for the D.C. Circuit is hearing Tuesday arguments in the extraordinary dispute between Michael Flynn and his judge. The dispute centers on whether the judge is required to drop Flynn’s case now that the Justice Department has requested it be dismissed.

The D.C. Circuit has already halted an order from a three-judge panel from its bench directing the judge, U.S. District Judge Emmet Sullivan, to immediately drop the case.

The initial appeals court panel, which was made up of a majority of GOP appointees, sided with Flynn. But at Sullivan’s request, the full appellate bench — which is tilted towards Democratic appointees — is now reviewing the dispute. The Justice Department is supporting Flynn’s efforts to get an appeals court intervention.

Follow along below:

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