The U.S. Court of Appeals for the District of Columbia, Wednesday, ordered lower court Judge Emmet Sullivan to allow the case against former National Security Adviser Lt. Gen. Michael Flynn (Ret.) to be dismissed, as requested by the Justice Department.
Appeals court Judges Karen Henderson, Robert Wilkins, and Neomi Rao in the 2-1 ruling granted Flynn's request for a writ of mandamus ordering Judge Sullivan to dismiss the case.
Writing the majority decision, Rao states "Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s ... motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date."
Sullivan had appointed retired anti-Trump Judge John Gleeson, to argue against dismissing the case in an amicus curiae (“friend of the court”) hearing set for July 16. But following today's ruling he has cancelled the hearing.
Rao wrote in the majority opinion
"[T]his is plainly not the rare case where further judicial inquiry is warranted. To begin with, Flynn agrees with the government’s motion to dismiss, and there has been no allegation that the motion reflects prosecutorial harassment. Additionally, the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt."
The court however rejected Flynn’s request to have the case reassigned from the partisan liberal Obama-appointed Judge Sullivan to another judge.
The FBI was forced to reveal exculpatory evidence after Attorney General William Barr assigned U.S. Attorney Jeffrey Jensen to review irregularities in the case earlier this year.
This marks a turning point in the two-year ordeal that Flynn and his family had gone through in the hands of corrupts Obama DOJ officials.
The ruling by the appeals court is a major victory for Flynn and attorney Sidney Powell against former special counsel Robert Mueller who had sought to convict the retired Lt. General.
READ the 38-page Appeals court opinion here:
GRANTED Request For Writ Of Mandamus In Flynn Case.pdf