The DOJ also later changed tactics in the Flynn case over the objections of some of the original Mueller prosecutors and asked the judge overseeing the case to dismiss it, citing insufficient evidence against Flynn. The move prompted a swift outcry from House Democrats who said it was a political maneuver by Attorney General William Barr to shield Trump associates.
The case will now go back to US District Judge Emmet Sullivan, who had 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.
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.
ï»¿a federal appeals court denied Michael Flynn
Gleeson added that the government's grounds for dismissing the case also "contradict and ignore this Court's prior orders, which constitute law of the case. They are riddled with inexplicable and elementary errors of law and fact. And they depart from positions that the Government has taken in other cases."