LTG Flynn

Appeals Court Orders Judge to Dismiss Criminal Case Against Michael Flynn, as Justice Department Requested


Aruna Viswanatha

Updated June 24, 2020 10:29 am ET


A federal appeals court ordered a lower-court judge to dismiss the criminal case against Michael Flynn as the Justice Department requested, likely bringing to a close the long-running prosecution of President Trump’s first national security adviser.

In a 2-1 order filed on Wednesday, the U.S. Court of Appeals for the District of Columbia Circuit said U.S. District Judge Emmet Sullivan had overstepped his authority when he appointed a retired judge to argue against the Justice Department’s request to drop a criminal count of lying to the FBI that Mr. Flynn had earlier pleaded guilty to.

Mr. Flynn’s lawyers had objected to Judge Sullivan’s effort, asking the appeals court to take the unusual step of forcing the judge to dismiss the case.