Appeals court keeps Michael Flynn case alive

Judge will consider Justice Department's request to dismiss the case against President Donald Trump's former national security adviser.

By

National News

September 1, 2020 - 9:47 AM

Michael Flynn

WASHINGTON (AP) — A federal appeals court in Washington declined Monday to order the dismissal of the Michael Flynn  prosecution, permitting a judge to scrutinize the Justice Department’s request to dismiss its case against President Donald Trump’s former national security adviser.

The decision keeps the case at least temporarily alive and rebuffs efforts by both Flynn’s lawyers and the Justice Department to force the prosecution to be dropped without further inquiry from the judge, who has for months declined to dismiss it. The ruling is the latest development in a criminal case that has taken unusual twists and turns over the last year and prompted a separation of powers tussle involving a veteran federal judge and the Trump administration.

In a separate ruling Monday, a three-judge panel of the same appeals court again threw out a lawsuit by House Democrats to compel former White House counsel Don McGahn to appear before a congressional committee.

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