Gleeson added that the DOJ's claim that there wasn't enough evidence to prove Flynn made materially false statements "taxes the credulity of the credulous" and was "conclusively disproven by its own briefs filed earlier in this very proceeding."
In this Dec. 1, 2017, file photo, former President Donald Trump national security adviser Michael Flynn leaves federal court in Washington.
The case will now go back to US District Judge Emmet Sullivan, who had previously asked a veteran former judge and prosecutor to review the DOJ's motion to dismiss. Sullivan also planned to hold a hearing on the motion that was originally scheduled for July.
John Gleeson, the former judge who examined the DOJ's motion, issued a scathing brief in June saying the department "engaged in highly irregular conduct to benefit a political ally of the President."