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D.C. Circuit Court Agrees to Hear Case on Barr’s Decision to Drop Charges against Michael Flynn

Attorney General William Barr attends a Cabinet meeting at the White House in Washington, D.C., May 19, 2020. (Leah Millis/Reuters)

The U.S. Appeals Court for the District of Columbia Circuit on Thursday vacated an earlier ruling by the court to dismiss the case of former national security adviser Michael Flynn.

A majority of judges on the Circuit Court agreed to an en banc rehearing of the case against Flynn, meaning that all eleven of the court’s judges will oversee the case.

Previously, a panel of three Circuit Court judges voted 2-1 to order D.C. District Court judge Emmett Sullivan to dismiss the case against Flynn. Sullivan then filed an appeal to the Circuit Court for an en banc hearing.

The Circuit Court scheduled oral arguments before the judges for August 11.

Flynn in 2017 pleaded guilty on one count of lying to the FBI as part of the agency’s Russia investigation. However, Flynn has since reversed that plea, and the Justice Department dropped its charges against Flynn in May of this year.

“The Government is not persuaded that the January 24, 2017 interview [that led to Flynn’s guilty plea] was conducted with a legitimate investigative basis and therefore does not believe that Mr. Flynn’s statements were material even if untrue,” the DOJ said in its decision.

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Zachary Evans is a news writer for National Review Online. He is a veteran of the Israeli Defense Forces and a trained violist.

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