The full DC Circuit Court of Appeals has denied former national security advisor Michael Flynn’s motion to have his guilty plea and his case dismissed, Axios reports.
Flynn had sought the dismissal of the case after William Barr’s Department of Justice moved to drop charges against Flynn for lying to federal investigators, however Judge Emmet Sullivan sought to have outside counsel on the legitimacy of the reversal by the DoJ.
A three-judge panel of the DC Circuit Court ruled that the case should be dismissed, with two republican appointed judges ruling in Flynn’s favor. Sullivan appealed to have the eleven-judge Court hear the case en banc, ultimating ruling in favor of Sullivan.
The Circuit Court ruled in an 8-2 decision, with one judge remanded from the case. The two judges voting in dissent were the two judges from the three judge panel who heard the case in June, George HW Bush appointee Karen Henderson and Trump appointee Neomi Rao.
Sullivan may now hear arguments from his special counsel, retired judge John Gleeson, about why the plea should be upheld, and he can also call DoJ officials to testify why it chose to drop the charges.