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.
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."
The former national security adviser initially cooperated with Robert Mueller's investigators in the Russia probe. But he later shifted course by hiring new attorneys who took a more combative stance and asked to withdraw Flynn's guilty plea.