The three judges on the DC Circuit Court of Appeals have approved a writ of mandamus ordering Judge Emmet Sullivan to dismiss the case against Michael Flynn. [pdf here]
The panel ruled 2-1, that U.S. District Judge Emmet Sullivan overstepped his authority in not accepting the unopposed motion and questioning prosecutors’ decision. This is a big victory for the Flynn defense team. Not sure what Sullivan will do now.
Judges Karen Henderson and Neomi Rao supported the writ, judge Robert Wilkins did not. Henderson was the surprise vote.
Writing the majority opinion Judge Neomi Rao noted, “in this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power.” “If evidence comes to light calling into question the integrity or purpose of an underlying criminal investigation, the Executive Branch must have the authority to decide that further prosecution is not in the interest of justice,” Rao added.
Here’s the ruling: