Former National Security Advisor Michael Flynn’s legal troubles may not be over after all.
The full Washington, D.C., Circuit Court of Appeals on Thursday agreed to reconsider its decision to order U.S. District Court Judge Emmet Sullivan to allow the Justice Department to drop its prosecution of Flynn.
JUST IN: The appeals court has agreed to take the FLYNN case to a full en banc hearing on Aug. 11.— Kyle Cheney (@kyledcheney) July 30, 2020
So much for quick resolution of the case. pic.twitter.com/sSgKlbEl6q
The decision adds a new twist to the saga of the prosecution of Flynn.
In May, the Justice Department filed a motion to drop its prosecution of Flynn, as IJR reported. Flynn pleaded guilty to making false statements to the FBI, but earlier the year, he sought to withdraw his plea.
“We do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt,” the department said in its motion.
“The Government has determined, pursuant to the Principles of Federal Prosecution and based on an extensive review and careful consideration of the circumstances, that continued prosecution of this case would not serve the interests of justice,” it added.
However, Sullivan, who oversaw the case, asked former federal judge John Gleeson to present arguments against the motion to drop the case.
In June, Gleeson, argued that Sullivan should not agree to the motion to drop the prosecution.
After Gleeson’s argument against dropping the case, Flynn’s lawyers and the Justice Department asked the circuit court to force Sullivan to drop the prosecution.
In a 2-1 ruling, the D.C. Circuit Court ordered Sullivan to allow the Justice Department to withdraw its prosecution of Flynn.
However, in July, Sullivan asked the full court to reconsider its ruling.