After months of back and forth, an appeals court has ended the legal scuffle over the criminal charges against former National Security Adviser Michael Flynn, who was accused of and pled guilty to lying to the FBI.
The U.S. Court of Appeals for the District of Columbia ruled on Wednesday that the lower judge presiding over the case against Flynn must grant the Department of Justice’s request to dismiss the charges.
It’s finally over
“ORDERED that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s Rule 48(a) motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date,” wrote the court on Wednesday morning.
This ruling represents a major win for both Flynn and the Trump administration. The Justice Department moved to drop criminal charges against Flynn last month after then-Director of National Intelligence Richard Grenell declassified documents revealing that Flynn was set up by the outgoing Obama administration.
Despite the DOJ’s decision to drop charges, U.S. District Court Judge Emmet Sullivan appointed a retired judge to present arguments in opposition to the Justice Department proving that Flynn should be charged with perjury or contempt.
In the court’s 2-1 decision, Judge Neomi Rao, a Trump appointee, wrote the opinion telling the lower court to dismiss the case.
“In its motion, the government explains that in light of newly discovered evidence of misconduct by the Federal Bureau of Investigation, the prosecution can no longer prove beyond a reasonable doubt that any false statements made by Flynn were material to a legitimate investigation,” Rao wrote.
Judge Robert Wilkins, an Obama appointee, dissented from the decision, writing that “It is a great irony that, in finding the District Court to have exceeded its jurisdiction, this Court so grievously oversteps its own.”
“This appears to be the first time that we have issued a writ of mandamus to compel a district court to rule in a particular manner on a motion without first giving the lower court a reasonable opportunity to issue its own ruling,” Wilkins mourned.
Donald Trump, who has long agitated for the exoneration of his former top aide, celebrated the decision as soon as it was handed down.
“Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!” Trump tweeted on Wednesday.
After years of investigations into alleged collusion with the Russian government, the truth is finally being revealed about the extent of the misconduct on the part of the Obama administration, and it doesn’t look good for any Obama officials involved.