Appeals court revives Michael Flynn case

The U.S. Court of Appeals for the D.C. Circuit agreed Thursday to reconsider the decision to dismiss the criminal case against Michael Flynn, President Trump’s former national security adviser.

Flynn, a retired Army lieutenant general, pleaded guilty in 2017 to lying to FBI agents about his contacts with Russia’s ambassador shortly before Trump’s inauguration. He later tried to undo his plea deal, and Attorney General William Barr decided to drop the prosecution.

But the trial judge, Emmet Sullivan, ordered a review by a retired federal judge who argued that Barr’s intervention was improper and Flynn should be sentenced. Sullivan was appointed to the bench of the Superior Court of the District of Columbia in 1984 by President Ronald Reagan, to the District of Columbia Court of Appeals as an Associate Judge in 1992 by President George H. W. Bush and to the federal bench in 1994 by President Bill Clinton.

A split three-judge appeals panel ruled in June that Sullivan should dismiss the case, but the full appeals court vacated that ruling, reviving the politically charged case.

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