Judge Emmet Sullivan Petitions for a Rehearing En Banc in Flynn Case

Matt Gluck
Thursday, July 9, 2020, 4:32 PM

D.C. District Court Judge Emmet G. Sullivan filed a petition Thursday to the D.C. Circuit Court requesting a rehearing en banc after a three-judge panel ordered him to drop the prosecution of former national security adviser Michael Flynn.

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On Thursday, U.S. District Court Judge Emmet G. Sullivan asked the U.S. Court of Appeals for the D.C. Circuit to reevaluate whether he is compelled to dismiss the criminal case against former national security adviser Michael Flynn, who twice pleaded guilty to providing false information to the FBI. In May, Sullivan rejected a request from the Justice Department to stop its prosecution of Flynn. On June 24, a three-judge D.C. Circuit Court panel ordered Sullivan to permit the government’s motion to drop Flynn’s case. A majority of the 11 judges on the D.C. Circuit Court will need to approve Judge Sullivan’s petition to allow for a rehearing of the case. Judge Sullivan’s petition for a rehearing en banc is available here and below.


Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.

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