The District of Columbia appeals court has agreed to hold an en banc hearing regarding the Flynn dismissal order. The date has been set as 11 August.
In June, a panel of three judges for the court determined in a 2-1 vote that Judge Emmitt Sullivan had an obligation to follow an order from the Department of Justice and dismiss the case against General Flynn.
The DOJ moved to have the case dismissed after an internal review found no evidence for the case. “Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case. I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed,” U.S. Attorney for the Eastern District of Missouri Jeffrey Jensen stated at the time.
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Flynn’s attorneys filed a brief opposing the rehearing.
“Judge Sullivan’s stubborn disagreement with the Government’s decision to dismiss the case does not confer the right to contest it himself or through his amicus,” Flynn’s lawyers, including Sidney Powell, said. “His actions smack of vindictive animus against General Flynn and judicial overreach that have no place in America’s justice system. No precedent even suggests a ‘hearing’ on a substantial government motion to dismiss. Not one.”
Flynn’s lawyers added: “The umpire cannot force the teams to play extra innings after the game is over. He, the players, and the spectators need to go home and turn off the floodlights.”