In this Dec. 1, 2017, file photo, former President Donald Trump national security adviser Michael Flynn leaves federal court in Washington.
A three judge panel from the DC circuit court of appeals initially ruled in Flynn and the DOJ's favor and ordered a lower court judge to toss out the case against the former national security adviser. But the full panel of judges decided to review Flynn's case last month, marking a potential turning point in the proceedings, because the panel consists of more judges appointed by Democratic presidents (7) than those appointed by Republicans (3)."As to Petitioner's first two requests to compel the immediate grant of the Government's motion, and to vacate the District Court's appointment of amicus Petitioner has not established that he has 'no other adequate means to attain the relief he desires,'" Monday's 8 2 ruling said. "We also decline to mandate that the case be reassigned to a different district judge, because Petitioner has not established a clear and indisputable right to reassignment. We therefore deny the Petition."
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A three judge panel from the appeals court initially ordered the judge overseeing Flynn's case to comply with the DOJ's motion to dismiss. But the full ten member appeals court panel overturned that decision on Monday.