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."
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."
There is also "clear evidence of a gross abuse of prosecutorial power" in the motion to dismiss, Gleeson wrote. Rule 48(a) of the federal rules of criminal procedure is meant to protect against "dubious dismissals of criminal cases that would benefit powerful and well connected defendants." However, that's exactly what's happened in Flynn's case, Gleeson added.