In an 8-2 en banc ruling today, the DC Circuit Court of Appeals struck down Judge Naomi Rao’s writ of mandamus ordering Judge Emmett Sullivan to dismiss charges against Michael Flynn. Read the full ruling below:
In June, the Department of Justice called for the case against Flynn to be dismissed after new evidence surfaced showing the FBI essentially made up a case against him without evidence and after agents argued it should have been closed.
Then, Flynn’s attorneys and the DOJ appealed to the DC Court of Appeals, seeking mandamus relief after judge Sullivan refused to drop the charges. Mandamus was granted by a three judge panel of the Court. In August, an en banc hearing was granted at Judge Sullivan’s request.
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So what happens from here? The DOJ and Sidney Powell could appeal the case to the Supreme Court, which probably would prefer not to get involved in this case at all. The Supreme Court justices might figure that it will happen more quickly without them than with their intervention. Given that neither Powell nor the DOJ actually sought to have Sullivan disqualified, a point brought up instead by the DC Circuit, the Supreme Court isn’t likely to try a split-the-baby compromise by rejecting the writ but disqualifying Sullivan.