Sullivan Does Not Accept Flynn Ruling, Appeals to Full DC Circuit Court


Federal district court Judge Emmet Sullivan filed a petition on Thursday seeking a review by the full D.C. Circuit Court regarding the Justice Department’s motion to dismiss the case against former Trump administration National Security Advisor Michael Flynn.

In a 2-1 decision last month, a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia ruled that the DOJ’s decision in May to drop its charges against Flynn should have marked the end of the case.

Further, the appeals court held Sullivan was in the wrong to continue it.

In a highly unusual move, Sullivan had responded to the DOJ’s decision to end the case by appointing a former federal judge to file a brief arguing why the prosecution should remain in place.

Flynn then appealed to the D.C. Circuit Court before Sullivan made his final ruling on the matter, arguing the judge was acting as a de facto prosecutor.

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In his Thursday court filing, Sullivan contended that the three-judge panel usurped his authority as a trier of fact in the case.

Sullivan’s attorneys wrote the circuit court’s ruling in favor of Flynn marked a “dramatic break from precedent that threatens the orderly administration of justice.”

“It is the district court’s job to consider and rule on pending motions, even ones that seem straightforward,” the legal brief reads.

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“This Court, if called upon, reviews those decisions — it does not preempt them.”

Sullivan’s team defended the judge’s decision to appoint a former federal judge to make the case against dismissal.

“Judicial decisions are supposed to be based on the record before the court, not speculation about what the future may hold,” the petition reads.

“All the district court has done is ensure adversarial briefing and an opportunity to ask questions about a pending motion” to dismiss the case, it adds.

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Flynn plead guilty in December 2017 to lying to the FBI about conversations he had with then-Russian Ambassador to the U.S. Sergey Kislyak in the transition period before President Donald Trump took office.

In January, the retired three-star general sought to withdraw his plea based on alleged misconduct by the FBI.

In the DOJ’s motion to dismiss the case, federal prosecutors argued that Flynn’s behavior as the incoming national security advisor was appropriate.

They said that his calls were not material to the FBI’s underlying counterintelligence investigation about Russian interference in the 2016 election.

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Randy DeSoto has written more than 2,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Harrisburg, Pennsylvania
Graduated dean's list from West Point
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Phoenix, Arizona
Languages Spoken
Topics of Expertise
Politics, Entertainment, Faith