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D.C. Circuit Orders District Court Judge to Drop Flynn Case

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.

The Russia Connection

Justice Department Attorneys Claim Political Interference in Prosecutorial Decisions

On June 23, two Department of Justice attorneys released written statements ahead of testimony tomorrow at a House Judiciary Committee hearing concerning political interference and threats to prosecutorial independence at the Department of Justice.

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Briefs Filed in Flynn Mandamus Appeal

Michael Flynn, federal prosecutors and U.S. District Court Judge Emmet Sullivan on Wednesday, June 10 all filed reply briefs with the U.S. Court of Appeals for the D.C. Circuit regarding whether the appeals court should force Sullivan to drop the case against President Trump’s former national security advisor.

Flynn’s attorneys and the Department of Justice both argued the D.C. Circuit should compel Sullivan to grant prosecutors’ motion to withdraw charges, while Sullivan argued the case is not yet ready for appellate review.

The Russia Connection

Court-Appointed Amicus Files Brief in Flynn Case

John Gleeson on June 10 filed a brief arguing the government’s motion to dismiss charges against former national security adviser Michael Flynn should be dismissed. Gleeson, a former U.S. district judge, was appointed by the court as an amicus curiae on May 13, 2020, to present arguments in opposition to the government’s motion to dismiss. In the brief, Gleeson argues “the Government’s statement of reasons for seeking dismissal is pretextual” and “there is clear evidence of a gross abuse of prosecutorial power.”

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