Federal Appeals Court Orders Dismissal of Charges against General Michael T. Flynn

June 24, 2020 1100 EST

The D.C. Circuit Court of Appeals today took the unusual step of ordering Judge Emmet G. Sullivan, the judge presiding over General Michael T. Flynn's criminal prosecution, to dismiss the case against General Flynn.

The Court of Appeals held that the United States Department of Justice's determination that the evidence against General Flynn was insufficient to establish a crime of lying to a Federal officer is presumed to be correct. The court also ruled that there was an abundance of newly discovered evidence that was withheld by the original team of prosecutors that cast significant doubt on General Flynn's guilt. The Circuit Court granted General Flynn's appeal, and commanded the lower court to grant the Government's motion to dismiss.

This effectively ends the criminal case against General Michael T. Flynn.

Flynn pled guilty to lying to Federal agents last year. Before sentencing, he moved to withdraw his guilty plea. In his motion, he pointed to favorable evidence - called "Brady" evidence - that the previous team of Government prosecutors withheld. In an unlikely turn of events, the Department of Justice changed its position and moved to dismiss the case against Flynn. The Government conceded that Flynn's false statements to Federal investigators were not "material" and therefore not a crime under Federal law. Judge Emmet G. Sullivan appointed retired Judge John Gleeson to argue against the Government's motion. Flynn appealed that decision to the D.C. Circuit Court of Appeals. In that appeal, Flynn asked for an order compelling Judge Sullivan to dismiss the case. The appeals court directed Judge Sullivan to personally respond to Flynn's appeal.

The case In Re Michael T. Flynn, Docket # 20-5143.

You can read the opinion HERE:

https://www.appealslawgroup.com/federal-appeals-court-orders-dismissal-of-charges-against-general-michael-t-flynn/

The decision was 2-1 in favor of General Michael Flynn. The judges voting in favor of Michael Flynn were:

HON. KAREN LECRAFT HENDERSON

- appointed by President H.W. Bush
- filled the seat vacated by Kenneth Starr
- from North Carolina
- unanimously confirmed by the Senate
- first became a Federal judge in 1986

HON. NEOMI RAO

- nominated by Trump
- took Supreme Court Justice Brett Kavanaugh's seat when he moved up
- confirmed by vote 53-46
- former professor of law at George Mason University's Antonin Scalia Law School

The judge dissenting and voting against Michael Flynn was:

HON. ROBERT L. WILKINS

- Appointed by President Obama, confirmed by a vote of 55-43 in 2014
- J.D. from Harvard Law, 1989
- Former Federal Public Defender in D.C. for 12 years
- Was on Obama’s short list for Supreme Court
- Clerked for a Federal Judge in California
- served as the lead plaintiff in Wilkins, et al. v. State of Maryland, a landmark civil rights lawsuit that inspired nationwide legislative and executive reform of police stop-and-search practices and the collection of data regarding those practices.
 
The New York Weekly Roundup – Criminal Appeals is a blog and video podcast by appeals lawyer Patrick Michael Megaro summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of New York. Each week we digest the latest reversed convictions throughout the New York Appellate Divisions and the New York Court of Appeals, as well as the United States Court of Appeals and the United States Supreme Court.

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