Appeals court denies Michael Flynn and Justice Department’s effort to end his case

Appeals court denies Michael Flynn and Justice Department’s effort to end his case

By Katelyn Polantz, CNN

Updated 2:16 PM ET, Mon August 31, 2020

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US property tycoon Donald Trump (L) is pictured with his sister Maryanne Trump Barry as they adjourn for lunch during a public inquiry over his plans to build a golf resort near Aberdeen, at the Aberdeen Exhibition & Conference centre, Scotland, on June 10, 2008. Trump wants to build a giant complex on the Scottish east coast near Aberdeen, but has run into opposition from environmentalists and a local farmer who refuses to budge. The Scottish government has called for a full public inquiry into the plans. AFP PHOTO/Ed Jones (Photo credit should read ED Jones/AFP via Getty Images)

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LONDONDERRY, NEW HAMPSHIRE - AUGUST 28: President Donald Trump speaks at an airport hanger at a rally a day after he formally accepted his party's nomination at the Republican National Convention on August 28, 2020 in Londonderry, New Hampshire. Addressing hundreds of supporters, many wearing face masks, Trump made his case for his re-election against his opponent Joe Biden. Trump spoke at at Pro Star Aviation. (Photo by Spencer Platt/Getty Images)

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WASHINGTON, DC - JUNE 24: President Donald Trump's former National Security Adviser Michael Flynn leaves the E. Barrett Prettyman U.S. Courthouse on June 24, 2019 in Washington, DC. Criminal sentencing for Flynn will be on hold for at least another two months.  (Photo by Alex Wroblewski/Getty Images)

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US President Donald Trump attends a briefing at an emergency operation center in Orange, Texas, on August 29, 2020. Trump surveyed damage in the area caused by Hurricane Laura. - At least 15 people were killed after Laura slammed into the southern US states of Louisiana and Texas, authorities and local media said on August 28. (Photo by ROBERTO SCHMIDT / AFP) (Photo by ROBERTO SCHMIDT/AFP via Getty Images)

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US property tycoon Donald Trump (L) is pictured with his sister Maryanne Trump Barry as they adjourn for lunch during a public inquiry over his plans to build a golf resort near Aberdeen, at the Aberdeen Exhibition & Conference centre, Scotland, on June 10, 2008. Trump wants to build a giant complex on the Scottish east coast near Aberdeen, but has run into opposition from environmentalists and a local farmer who refuses to budge. The Scottish government has called for a full public inquiry into the plans. AFP PHOTO/Ed Jones (Photo credit should read ED Jones/AFP via Getty Images)

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LONDONDERRY, NEW HAMPSHIRE - AUGUST 28: President Donald Trump speaks at an airport hanger at a rally a day after he formally accepted his party's nomination at the Republican National Convention on August 28, 2020 in Londonderry, New Hampshire. Addressing hundreds of supporters, many wearing face masks, Trump made his case for his re-election against his opponent Joe Biden. Trump spoke at at Pro Star Aviation. (Photo by Spencer Platt/Getty Images)

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People listen to the US president deliver his acceptance speech for the Republican Party nomination for reelection during the final day of the Republican National Convention from the South Lawn of the White House on August 27, 2020 in Washington, DC. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)

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WASHINGTON, DC - JUNE 24: President Donald Trump's former National Security Adviser Michael Flynn leaves the E. Barrett Prettyman U.S. Courthouse on June 24, 2019 in Washington, DC. Criminal sentencing for Flynn will be on hold for at least another two months.  (Photo by Alex Wroblewski/Getty Images)

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White House counselor Kellyanne Conway speaks to the press at the White House in Washington, DC, on July 16, 2019. (Photo by NICHOLAS KAMM / AFP)        (Photo credit should read NICHOLAS KAMM/AFP/Getty Images)

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US President Donald Trump attends a briefing at an emergency operation center in Orange, Texas, on August 29, 2020. Trump surveyed damage in the area caused by Hurricane Laura. - At least 15 people were killed after Laura slammed into the southern US states of Louisiana and Texas, authorities and local media said on August 28. (Photo by ROBERTO SCHMIDT / AFP) (Photo by ROBERTO SCHMIDT/AFP via Getty Images)

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(CNN)A federal appeals court ruled Monday against Michael Flynn and the Justice Department in their request to quickly shut down his criminal case.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.Flynn had fought District Judge Emmet Sullivan’s decision to ask a third-party lawyer to argue against the Justice Department’s dismissal in the case, and his plans to hold a hearing, which has not yet happened.

READ: Appeals court ruling in Michael Flynn case

READ: Appeals court ruling in Michael Flynn caseMonday’s decision adds what may be the most consequential round yet to what’s become an unusual and deeply political court case in an election year, and one of the most symbolic prosecutions of a Trump adviser during this presidency. Previously, a group of three judges on the DC Circuit Court of Appeals court sided 2-1 with Flynn in ordering the lower court to toss his case. Monday’s 8-2 decision by the full court reached the opposite conclusion.Content by CNN UnderscoredThe Surface Headphones 2 are an impressive pairMicrosoft’s Surface Headphones 2 are not only economically priced at $250, undercutting the Bose 700 and Sony’s WH-1000XM3, but they pack a punch with quality.In recent months, Flynn’s case has become a conduit for President Donald Trump and his supporters’ criticism of the Russia investigation. Separately, the case has led many in the legal industry to publicly oppose Barr’s leniency toward friends of the President, saying his decision in the Flynn case twisted the law to help Trump politically. The fate of Flynn’s case is widely considered to be a type of Rosetta Stone for how the public may view the Mueller investigation — with Flynn’s exoneration undermining findings of misconduct by the President, or Flynn’s sentencing keeping pressure on the President.DC Circuit Judge Thomas Griffith, a George W. Bush appointee in his last day before retiring from the bench, warned in a concurring opinion that the latest twist in Flynn’s case shouldn’t be read as a political statement.

Appeals court denies Michael Flynn and Justice Department's effort to end his case

Appeals court denies Michael Flynn and Justice Department’s effort to end his case“In cases that attract public attention, it is common for pundits and politicians to frame their commentary in a way that reduces the judicial process to little more than a skirmish in a partisan battle,” Griffith wrote. “The party affiliation of the President who appoints a judge becomes an explanation for the judge’s real reason for the disposition, and the legal reasoning employed is seen as a cover for the exercise of raw political power. No doubt there will be some who will describe the court’s decision today in such terms, but they would be mistaken.”

Dissent: ‘The prosecution no longer has a prosecutor’

Judge Neomi Rao, a Trump appointee who also served on the original appeals court panel that had voted for Flynn and now is in the minority, wrote her own dissent to argue that she believes Flynn’s case will ultimately be dismissed no matter what.”In Flynn’s case, the prosecution no longer has a prosecutor. Yet the case continues with district court proceedings aimed at uncovering the internal deliberations of the Department. The majority gestures at the potential harms of such a judicial intrusion into the Executive Branch, but takes a wait-and-see approach, hoping and hinting that the district judge will not take the actions he clearly states he will take,” Rao wrote.If Flynn were to appeal to the Supreme Court to keep Sullivan at bay longer — still a possibility — Rao’s dissent and her previous opinion in the case could become important legal arguments for his team to push to the justices.

Rejected request to reassign case from Sulli

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