D.C. Circuit Orders District Court Judge to Drop Flynn Case
Published by The Lawfare Institute
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The U.S. Court of Appeals for the D.C. Circuit granted former national security advisor Michael Flynn’s petition to force a district court judge to drop his case. In a 2-1 decision, Judges Neomi Rao and Karen Henderson granted Flynn’s petition for a writ of mandamus and directed U.S. District Court Judge Emmet Sullivan to grant the government’s Rule 48(a) motion to dismiss. Judge Wilkins dissented from the decision, claiming the D.C. Circuit had exceeded its jurisdiction.
You can read the decision here and below:
Elliot Setzer is a Knight-Hennessy Scholar at Stanford Law School and a Ph.D student at Yale University. He previously worked at Lawfare and the Brookings Institution.
