The U.S. Court of Appeals for the District of Columbia ruled 2-1 Wednesday that a lower court must grant a request by the Department of Justice (DOJ) to drop its case against former National Security Adviser Lt. Gen. Michael Flynn (Ret.).
Flynn won his request for a writ of mandamus ordering Judge Emmet Sullivan to grant the DOJ’s motion last month.
The appeals court order states:
Upon consideration of the emergency petition for a writ of mandamus, the responses thereto, and the reply, the briefs of amici curiae in support of the parties, and the argument by counsel, it is 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.
The appeals court judges in the case were: Karen Henderson, Robert Wilkins, and Neomi Rao. Wilkins is a former President Obama appointee, Rao is a President Trump appointee, and Henderson is a former President George H.W. Bush appointee.