A federal judge halted all proceedings in the case against retired Lt. Gen. Michael Flynn.
U.S. District Judge Emmet Sullivan, who was appointed to his current position by former President Bill Clinton, issued a minute order Wednesday evening after an appeals court panel sided with the Justice Department in its effort to force the judge to allow it to drop its case against President Trump’s first national security adviser.
“In light of the Opinion and Order issued by the Court of Appeals on Mr. Flynn’s petition for writ of mandamus, the deadlines and hearing date set forth in the Minute Order of May 19, 2020 are HEREBY STAYED,” the order by Sullivan said.
After the 2-1 ruling by the U.S. Court of Appeals for the District of Columbia, Sullivan could request a rehearing “en banc” before the full appeals court. It is also possible that one of the other judges on the appeals court could request such a hearing “sua sponte” even if Sullivan does not request it himself.
Flynn, 61, pleaded guilty in December 2017 to lying to FBI investigators about his December 2016 conversations with a Russian envoy about a United Nations resolution on Israel and sanctions. But Flynn now claims he was set up by the FBI, and the Justice Department is seeking to drop the case.
“The decision today is really, it’s a good thing for Gen. Flynn. It’s a good thing for me. It’s a good thing for my family. But it’s really a great boost of confidence for the American people in our justice system,” Flynn told conservative radio host Rush Limbaugh on Wednesday after the appeals court ruling. “Because that’s what this really comes down to, is whether or not our justice system is going to have the confidence of the American people.”
The Justice Department told the appeals court last month “that continued prosecution of this case would not serve the interests of justice” as it sought to drop the false statements charges against Flynn. Instead, Sullivan appointed retired New York federal Judge John Gleeson to serve as an amicus curiae to present arguments in opposition to the Justice Department’s motion and to explore whether Flynn should be charged with perjury or contempt. Using an outside legal team, Sullivan told the appeal court he does not have to act as a “mere rubber stamp” following the Justice Department’s motion to dismiss its case.
