DC Circuit court rules against Flynn case dismissal

 https://www.foxnews.com/politics/dc-circuit-court-denies-doj-request-dismiss-flynn-case

The D.C. Circuit Court of Appeals ruled in an 8-2 decision that D.C. District Court Judge Emmet Sullivan does not have to grant prosecutors' motion to dismiss the criminal case against former national security adviser Michael Flynn.

 The 8-2 decision restores power to a judge to question the Justice Department's moves in the politically divisive case, when Attorney General William Barr dropped charges against President Donald Trump's former national security adviser earlier this year despite twice pleading guilty to lying under oath to lying to the FBI.

 The en banc review by the full court (minus Judge Gregory Katsas, who recused himself) reverses the decision of a three-judge panel, which had issued a writ of mandamus ordering Sullivan to toss the case. Flynn had argued that Sullivan overstepped his authority by appointing a third-party amicus curiae (friend of the court) to argue against dismissal, even though Flynn and the Justice Department agreed to dispose of the case.