DC Circuit orders judge to dismiss case against Michael Flynn
Michael Flynn addresses the Republican National Convention at the Quicken Arena in 2016. (mark reinstein / Shutterstock.com)

On Wednesday, by a 2-1 decision, the Court of Appeals for the D.C. Circuit issued an order directing the federal judge in the case against former National Security Adviser Michael Flynn to be dismissed.


The DOJ moved for a dismissal of the charges weeks ago, claiming prosecutorial misconduct. However, Judge Emmet Sullivan refused to immediately dismiss the case, calling for a full review of the evidence.

The upper court, however, with Trump-appointed judge Neomi Rao writing for the majority, ruled that the DOJ has the discretion over whether to prosecute the case, and their decision must be respected.

Flynn, an ally of President Donald Trump, initially pled guilty to lying to federal agents, but later took back the plea, triggering a lengthy legal battle.