Federal appeals court orders judge to dismiss the case against former national security adviser Michael Flynn

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A federal appeals court ordered a judge to immediately dismiss the criminal case against President Donald Trump’s former national security adviser, Michael Flynn.

A three-judge appellate panel on Wednesday denied U.S. District Judge Emmet Sullivan the authority to examine whether the government’s surprise motion to dismiss the case, in which Flynn pleaded guilty twice to lying to the FBI, was part of a corrupt effort to aid one of Trump’s political allies.

The appeals court said such an inquiry would harm the executive branch’s exclusive prosecutorial power. “The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority,” the opinion said.

The ruling is a win for Trump, who has repeatedly slammed the case against Flynn as part of a broader conspiracy by Democrats to undermine him and his administration. The Justice Department reversed course on its prosecution of Flynn last month, requesting the court drop the case because Flynn’s lies to the two agents weren’t “material” to the Russia probe and he shouldn’t have been interviewed in the first place. – READ MORE

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