The persecution of General Michael Flynn continues today after the full D.C. Court of Appeals decided to rehear the case for dismissal of his prosecution. The new hearing is set for August 11.
"Upon consideration of the petition for reaching en band, the responses thereto, and the vote in favor of rehearing en band by a majority of the judges eligible to participate it is ordered that this case be reheard by the court sitting en banc," the Court announced.
In June, a panel of three judges for the court determined in a 2-1 vote that Judge Emmitt Sullivan had an obligation to follow an order from the Department of Justice and dismiss the case against General Flynn. Sullivan refused and asked for the full court to rehear the case. Today, he was granted that hearing and the order to dismiss has been vacated.
The Department of Justice called for the case against Flynn to be dismissed in May after an internal investigation found wrong doing and new information revealed an FBI set up against him. DOJ also argued the FBI never had a case or evidence to move forward, despite weeks of surveillance during the 2016 presidential transition period, and essentially fabricated one after coming up empty.
“Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case. I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed," U.S. Attorney for the Eastern District of Missouri Jeffrey Jensen stated at the time.
This post has been updated with additional information.