Bar Exams in the Pandemic JURIST Digital Scholars
DC federal court set to rehear Michael Flynn case
© WikiMedia (Erin A. Kirk-Cuomo)
DC federal court set to rehear Michael Flynn case

A US District Of Columbia federal court has agreed to rehear the case about Michael Flynn’s prosecution en banc. This decision comes months after a smaller panel of DC Circuit judges ruled 2-1 that Michael Flynn’s case must be dismissed in accordance with the Department of Justice’s decision

The order, issued Thursday, did not provide a rationale for the court’s decision to rehear this case. It did indicate that the scope of the rehearing would revolve around “whether there are no other adequate means to attain the relief desired.”

Michael Flynn, President Trump’s former National Security Advisor, pleaded guilty to lying to FBI agents investigating Russia’s interference in the 2016 presidential election. Despite Flynn’s guilty plea, Attorney General William Barr and the Department of Justice declined to proceed with the prosecution of Flynn. This decision prompted Judge Emmett Sullivan to launch an investigation as to how the government concluded not to move forward with Flynn’s prosecution. However, during this investigation a smaller panel of the DC Circuit ruled that Judge Sullivan overstepped his judicial authority. Thus, he was forced to halt his investigation.

The full DC Circuit is set to hear arguments in the case on August 11.