Flynn case now paused while full appeals court considers review

Former national security adviser Michael Flynn’s criminal case is in limbo again as the full DC Circuit Court of Appeals thinks about reconsidering its immediate dismissal.

The appeals court says it will hear from Flynn’s attorneys and from the Justice Department before July 20. The case won’t be dismissed until at least then, the order said Friday.

On Thursday, US District Judge Emmet Sullivan asked the court to revive the case. Sullivan wants the appeals court to put it back in his hands so he can weigh the Justice Department’s surprising request to dismiss Flynn’s charge in May.

Flynn and the Justice Department want a quick dismissal. The case raises major questions about the power of the judiciary to check executive branch prosecutorial decision-making.

It’s also become a political lightning rod, with President Donald Trump and Flynn both saying he’s been treated unfairly by the judge and the prosecutors who cut his plea deal.

A 2-1 decision from the appeals court previously said Sullivan must dismiss the case. That would have cut off his ability to hold a hearing and question the DOJ and Flynn, who pleaded guilty to lying under oath more than two years ago.

The full DC Circuit, made of 11 judges, could vote to revive the matter and revisit Sullivan’s power.