The U.S Court of Appeals for the District of Columbia Circuit prevented the Michael Flynn case from becoming a new investigation of the Trump administration on Wednesday when it granted a writ of mandamus requiring a lower court to dismiss charges against him.
In the majority opinion for the 2-1 decision, Judge Neomi Rao noted that lower court Judge Emmet Sullivan, who is presiding in the Flynn case, had opened the door to an entirely new investigation by inviting retired judge John Gleeson to file amicus curiae (“friend of the court”) arguments as two why the Department of Justice should not be permitted to drop the case after exculpatory evidence emerged.
In the majority opinion for the 2-1 decision, Judge Neomi Rao noted that lower court Judge Emmet Sullivan, who is presiding in the Flynn case, had opened the door to an entirely new investigation by inviting retired judge John Gleeson to file amicus curiae (“friend of the court”) arguments as two why the Department of Justice should not be permitted to drop the case after exculpatory evidence emerged.
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