The U.S. Court of Appeals for the District of Columbia Circuit ordered U.S. District Judge Emmet Sullivan to dismiss General Michael Flynn’s criminal prosecution on June 24th. In a 2-1 decision, the Court granted the extraordinary Writ of Mandamus sought by Flynn’s attorneys and supported by the U.S. Justice Department after Judge Sullivan sought to overturn the Justice Department decision to dismiss Flynn’s case. Judge Sullivan was also seeking to explore charging Flynn with perjury because he sought to withdraw his former guilty plea.
The Department of Justice had moved to dismiss the case after finding significant new evidence showing Flynn’s innocence. The evidence had never been disclosed to the defense prior to Flynn’s guilty plea, procured as the result of legal terror campaign targeting Flynn and his son by Special Counsel Robert Mueller. The Department of Justice review of the Flynn prosecution file, ordered by Attorney General William Barr, had continued even as the Appeals Court Mandamus proceedings were underway. On June 23rd, notes of former FBI Deputy Assistant Director for Counterintelligence, Peter Strzok were turned over to Flynn’s defense. Although barred from public disclosure by a protective order, those who have seen Strzok’s notes described them as “explosive” and “exculpatory.”
The decision was written by Judge Neomi Rao, a Trump appointee, who was joined by veteran D.C. Circuit judge Karen LeCraft Henderson in the majority opinion. Judge Henderson was appointed by President George H.W. Bush. Circuit Judge Robert Wilkins, an Obama appointee, dissented.
