General Flynn just called into Rush Limbaugh’s radio show to thank him and his listeners for their support. He couldn’t say much and he realizes his case is not over.
A federal appeals court handed a major victory to Michael Flynn on Wednesday, ordering a lower court judge to dismiss the felony false-statement.
He pleaded guilty to a lie under extreme duress during special counsel Robert Mueller’s investigation into ties between the Trump campaign and Russia.
A three-judge panel of the D.C. Circuit Court of Appeals split, 2-1, as it backed Flynn’s Writ of Mandamus.
They told Judge Emmet Sullivan to accept the DOJ’s recommendation to dismiss the case.
The majority opinion, penned by Trump appointee Neomi Rao, said allowing the case to continue would intrude on the executive branch’s prerogatives to control criminal prosecutions.
Sullivan could ask the full bench of the appeals court to reconsider the issue or a member of that court could ask for a vote to do so.