Appeals court orders dismissal of Michael Flynn prosecution

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Michael Flynn

FILE – In this Dec. 18, 2018, file photo, President Donald Trump’s former National Security Advisor Michael Flynn arrives at federal court in Washington. A former federal judge appointed to review the Justice Department’s motion to dismiss criminal charges against ex-national security Michael Flynn has found that the government’s request should be denied because there is “clear evidence of a gross abuse of prosecutorial power.” Former U.S. District Judge John Gleeson says in a filing Wednesday that the government “has engaged in highly irregular conduct to benefit a political ally of the President.” (AP Photo/Carolyn Kaster, File)

WASHINGTON (AP) — A federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn.

FILE – In this Feb. 1, 2017 file photo, then-National Security Adviser Michael Flynn speaks during the daily news briefing at the White House, in Washington. A former federal judge appointed to review the Justice Department’s motion to dismiss criminal charges against ex-national security Michael Flynn has found that the government’s request should be denied because there is “clear evidence of a gross abuse of prosecutorial power.” Former U.S. District Judge John Gleeson says in a filing Wednesday that the government “has engaged in highly irregular conduct to benefit a political ally of the President.” (AP Photo/Carolyn Kaster, File)

The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s decision to abandon the case against Flynn settles the matter, even though Flynn pleaded guilty to lying to prosecutors in special counsel Robert Mueller’s Russia investigation.

U.S. District Judge Emmet Sullivan had declined to immediately dismiss the case, seeking instead to evaluate on his own the department’s unusual dismissal request.

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