Despite the fact that Flynn pleaded guilty twice to lying to the FBI about his conversations with then-Russian Ambassador Sergey Kislyak during the presidential transition, the Justice Department moved last month to dismiss the case against him. Sullivan did not act immediately, but requested a review of the decision.
If not questioned with further appeals, the ruling exonerates Flynn after he attempted to change his statement and alleged his innocence.
The three-judge panel of the DC Circuit Court of Appeals ruled that the trial judge, Sullivan, did not have sufficient reason to question DOJ’s prosecution decisions in this case. They also said that Sullivan is no longer required to have a third-party attorney intervene in Flynn’s case, former judge John Gleeson.
Sullivan “does not justify the district court’s unprecedented intrusions on individual liberty and the prosecuting authority of the Executive,” DC appellate court judge Neomi Rao, appointed by Trump, wrote in the majority opinion.
RELATED: Michael Flynn’s Case Is Latest Evidence Of Separation Of Powers During Trump Years
This story is breaking and will be updated.