A federal appeals court has ordered a lower-court judge to dismiss the criminal prosecution against President Trump’s former national security adviser Michael Flynn.
By a vote of 2 to 1, the three-judge panel on the appeals court ruled Wednesday that the lower-court judge, Sullivan, had intruded on the Justice Department's"charging authority" by seeking further investigation after the department moved to dismiss Flynn's case.about the government's decision in the case called the move to dismiss an abuse of power by the Justice Department because it was interceding in the case of a friend of President Trump.
"In this case, the district court's actions will result in specific harms to the exercise of the executive branch's exclusive prosecutorial power," the judges wrote."The contemplated proceedings would likely require the executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority.
It wasn't immediately clear what next steps were available to Sullivan or whether the appeals court decision finally ends Flynn's years-long legal odyssey, which has cut a slow and serpentine path for almost the entire Trump administration.
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