Analysis

Flynn Case Raises Questions Of Appellate Courts' Power

Law360 (June 24, 2020, 9:34 PM EDT) -- An appellate panel's decision ordering a judge to dismiss charges against former national security adviser Michael Flynn could face review by the full D.C. Circuit over issues of judicial authority and questions about whether the appeals court overstepped its own bounds.

The appellate court on Wednesday ordered U.S. District Judge Emmet Sullivan to approve the U.S. Department of Justice's move to drop the two-year-old case against Flynn, who had already pled guilty but sought to withdraw the plea over alleged prosecutorial misconduct.

Legal observers noted on Wednesday that the full 11-member appeals court can revisit the question of whether it had the authority...

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