Emmet Sullivan

The federal judge who has continued the prosecution of Michael Flynn despite the Justice Department’s motion to drop the case has halted scheduled hearings.

The Washington Examiner reports Judge Emmet Sullivan issued an order late Wednesday after an appeals court sided with the DOJ’s request.

Flynn, a retired lieutenant general, briefly served as President Trump’s national security adviser.

He withdrew his plea of guilty to the charge of lying to FBI agents in special counsel Robert Mueller’s Russia collusion investigation, claiming he was the victim of a “perjury trap.”

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Evidence recently unsealed in the case confirmed his claim, showing FBI agents — after the bureau was prepared to close the investigation for lack of evidence — discussing how to get him to lie.

The Justice Department moved to drop the charges, but Sullivan refused to sign off on the motion. Instead, he appointed a retired judge to argue against the DOJ.

Now he’s pressed pause on the case.

“In light of the Opinion and Order issued by the Court of Appeals on Mr. Flynn’s petition for writ of mandamus, the deadlines and hearing date set forth in the Minute Order of May 19, 2020 are HEREBY STAYED,” the order by Sullivan said. It came late Wednesday.

Earlier in the day, a panel of the U.S. Court of Appeals for the District of Columbia ruled 2-1 for DOJ but also said Sullivan could request a rehearing before the full appeals court.

Another judge on the appeals court also could request a hearing.

Flynn reacted to the ruling in an interview with Rush Limbaugh on Wednesday.

“The decision today is really, it’s a good thing for Gen. Flynn. It’s a good thing for me. It’s a good thing for my family. But it’s really a great boost of confidence for the American people in our justice system,” he said.

“Because that’s what this really comes down to, is whether or not our justice system is going to have the confidence of the American people.”


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