The DC Circuit Court of Appeals said Thursday it would reject an earlier ruling to dismiss Flynn’s criminal charge and hear further arguments about a trial court judge’s attempt to investigate the Justice Department’s motion to dismiss the case in May.
The decision was made by the full list of DC Circuit judges, with the exception of one judge who was not involved in the matter, according to court documents, and deletes an earlier order from two of its judges to quickly terminate the two year old criminal case against Flynn. The decision to revive the case is rare in the powerful Washington-based appeals court, indicating that at least some of the judges believe the opinion that allowed Flynn’s appeal before a trial judge finished his work. was wrong.
The full appeals court will re-judge the case on August 11, the Circuit said.
If he were to be sentenced, Flynn faces a probability of zero to six months in prison.
The DC circuit has a majority of Judges appointed by Democrats. Both Judges Neomi Rao and Karen Henderson, who voted for the dismissal, will sit on the panel to hear the case again, as will Judge Robert Wilkins, who wrote that his colleagues upset the balance of government powers by shortening the Sullivan’s approach.
In all, seven of the 11 judges on the DC circuit were appointed by Democrats and four by Republicans. Judge Gregory Katsas, appointed by Trump to the bench who previously worked in the White House attorney’s office during the special attorney’s investigation, was not involved in Thursday’s decision.
The Senate recently confirmed an additional judge appointed by Trump, but has not yet sworn in.
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