The ruling is a major setback for President Donald Trump's former national security adviser, who has proclaimed his innocence.
WASHINGTON – The criminal case against Michael Flynn should not be dismissed, a federal appeals court in Washington, D.C., ruled Monday in a major setback for President Donald Trump's former national security adviser, who has proclaimed his innocence.previous decision
by a three-judge panel, is the latest in the long and politically fraught legal case of the former Army general. At issue before the appeals court was whether U.S. District Judge Emmet Sullivan abused his powers when he appointed a third party, known as an amicus, to challenge the Justice Department's motion to dismiss the case against Flynn, and whether Sullivan should be removed from the case. The amicus, a retired federal judge, was also asked to determine whether Flynn had committed perjury for claiming to be innocent of a crime to which he had earlier pleaded guilty.
A three-judge panel from the appeals court sided with Flynn in June, ruling that Sullivan's actions were"unprecedented intrusions of individual liberty" and on the Justice Department's prosecutorial powers. In a rare move, the full appeals court granted Sullivan's request to rehear the case.
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