Despite being ordered by a U.S. Court of Appeals panel in the District of Columbia to dismiss the federal government's criminal case against former White House Security Advisor General Michael Flynn, U.S. District Court Judge Emmet Sullivan isn't letting him get out without another fight.
In a new request, Sullivan is asking for the entire DC Court of Appeals to take on the case and determine whether it should be dismissed. This comes after Sullivan refused to honor a directive from the Department of Justice, in which it was argued the FBI didn't have proper standing to charge Flynn in the first place, to dismiss the case.
Flynn update:
— Techno Fog (@Techno_Fog) July 9, 2020
Judge Sullivan refuses to give up - and asks the DC Circuit for a rehearing (en banc) on the dismissal of the Flynn case.
Allegation: the DC Circuit granting of mandamus "threatens the orderly administration of justice."
Full doc:https://t.co/q1vcbGxKiA pic.twitter.com/76ahD1xqWM
NEW: The judge in Michael Flynn's case has asked the full DC Circuit to reconsider the 2-1 panel decision that would force him to grant DOJ's motion to dismiss the prosecution.
— Zoe Tillman (@ZoeTillman) July 9, 2020
Doc: https://t.co/pJtTF9bbRb
Prev: https://t.co/x91EzlAIrc pic.twitter.com/uySvq5NJBC
In May the Department of Justice announced it would no longer pursue the case against Flynn after new information revealed an FBI set up against him. DOJ also argued the FBI didn't have a case and falsely built one after coming up empty -- despite weeks of surveillance during the 2016 presidential transition period.