Appeals court judges push back at request to dismiss Michael Flynn case

[still_one]

"A federal appeals court on Tuesday pushed back on former national security adviser Michael Flynn's effort to have his criminal case dismissed immediately and the Justice Department's reasoning that a judge shouldn't consider why prosecutors dropped his almost 3-year-old guilty plea deal this year amid a political firestorm.

The case has had countless twists since Flynn, a retired Army lieutenant general and top intelligence official, pleaded guilty to lying to the FBI about his talks with the then-Russian ambassador about approaches that would undermine Obama administration policy before Trump took office.
The DC Circuit Court of Appeals hearing Tuesday morning was one of the most consequential yet in the years of court hearings for Flynn, and grappled with major questions about the role of courts and the Justice Department in criminal cases.
Ten judges on the appeals court reheard the arguments, after wiping out a previous Circuit Court ruling that ordered a quick dismissal earlier this summer, wresting oversight of the case from the trial judge."


https://www.cnn.com/2020/08/11/politics/michael-flynn-case-request-to-dismiss/index.html

[FBaggins]

1. To be fair... they pushed back pretty hard against Sullivan's attorney as well

In fact... Obama appointees asked some of the toughest questions.

It seems pretty clear that there isn't a majority willing to rule that mandamus was appropriate in this case and that Sullivan does have some room to hold a hearing on the motion... but it seems almost as clear that they're having trouble thinking that he has much room to actually say "no" to the motion to dismiss or to have a hearing of much substance.