Federal Judge Emmet Sullivan won’t drop a criminal case against former National Security Advisor Michael Flynn despite a court order to do so.
Sullivan is challenging the D.C. Circuit Court of Appeals order, saying it improperly assessed the case against Flynn, Fox News reported Thursday. The Department of Justice dismissed its case against Flynn in May after documents revealed the FBI was essentially working to entrap the former general into providing false information.
Former National Security Advisor General Michael Flynn leaves after the delay in his sentencing hearing at US District Court in Washington, DC, Dec. 18, 2018. (Photo: SAUL LOEB/Getty Images)
Sullivan and his attorney, Beth Wilkinson, demanded a review of the decision by the D.C. Circuit Court of Appeals, saying the three judges did not have the authority “to grant a motion [to dismiss] it had not yet resolved … in reliance on arguments never presented to the district court.” (RELATED: FBI Official Questioned Whether Goal Of Flynn Interview Was ‘To Get Him To Lie’)
Flynn’s lawyer, Sidney Powell, has argued that a judge does not have the right to continue to prosecute when both the prosecution and the defense want to dismiss all charges, Fox News noted. (RELATED: FBI Planned To Close Michael Flynn Investigation, And Then Peter Strzok Intervened)
WASHINGTON, DC – JUNE 24: President Donald Trump’s former National Security Adviser Michael Flynn (Photo by Alex Wroblewski/Getty Images)
Sullivan has steadfastly refused to dismiss the Flynn case and announced in May that he wished to hear outside arguments that support his position.
“All the district court has done is ensure adversarial briefing and an opportunity to ask questions about a pending motion,” the motion from Sullivan stated. “Outside the panel opinion, those actions have not been considered inappropriate … ”
Sullivan has demonstrated considerable animus against Flynn, telling him at a December 2018 sentencing hearing that he “sold his county out.”