Calls to try former senior military officials by court-martial for their public political comments demand contextualization as well as condemnation.
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It is a harbinger of things to come, and it completes a disturbing fact pattern in which the president used his office’s powers to obstruct justice.
The ruling ends the legal saga of the former national security adviser who was accused of lying to the FBI about his interactions with Russian agents before Trump took office.
Former U.S. district judge John Gleeson, the amicus curiae appointed by the court in Michael Flynn's case, has filed his reply brief arguing that Judge Emmet Sullivan has discretion under Rule 48(a) of the Federal Rules of Criminal Procedure to deny the government's motion to dismiss Flynn's case. The brief is available here and below.
The U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denied Michael Flynn’s petition to immediately dismiss his case.
The same arguments used to defend Michael Flynn could be used against the prosecution of FBI lawyer Kevin Clinesmith. Yet Flynn’s supporters have remained silent.
D.C. District Court Judge Emmet G. Sullivan filed a petition Thursday to the D.C. Circuit Court requesting a rehearing en banc after a three-judge panel ordered him to drop the prosecution of former national security adviser Michael Flynn.
The U.S. Court of Appeals for the D.C. Circuit granted former national security advisor Michael Flynn’s petition to force a district court judge to drop his case. In a 2-1 decision, Judges Neomi Rao and Karen Henderson granted Flynn’s petition for a writ of mandamus and directed U.S. District Court Judge Emmet Sullivan to grant the government’s Rule 48(a) motion to dismiss. Judge Wilkins dissented from the decision, claiming the D.C.
Both Michael Flynn and the Department of Justice on June 17 filed briefs in the case of the former national security adviser that respond to a court-appointed amicus who argued the U.S. District Court judge should reject the government's motion to drop charges.