WASHINGTON, D.C. (NBC) – An appeals court rejected President Trump’s former National Security Adviser Michael Flynn’s request to have his criminal case tossed immediately.
The U.S. Circuit Court of Appeals for the District of Columbia declined to issue an emergency order that would direct the judge hearing Flynn’s case to dismiss it.
Flynn pleaded guilty twice to charges that he lied to FBI agents in January 2017 about his conversations with Russia’s ambassador to the U.S.
Monday’s ruling also rejected Flynn’s effort to have Federal District Court Judge Emmet Sullivan thrown off the case. The court said Flynn failed to establish that the judge is unable to act impartially. Now, Sullivan can hear arguments on whether to grant the government’s motion to dismiss the case.
The Justice Department told Sullivan in May that it wanted to abandon the prosecution and let Flynn off the hook.
Attorney General William Barr decided that Flynn’s false statements to the FBI were not material to any open investigation and were therefore not a violation of the law.
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