The U.S. Court of Appeals for the District of Columbia Circuit is sending the case back to the lower court.
A federal appeals court in the District of Columbia has denied a request from Michael Flynn, President Trump’s former national security adviser, to force a lower court judge to immediately drop the Justice Department’s criminal case against him. The full U. S. Court of Appeals for the District of Columbia Circuit ruled against Flynn 8-2 and is sending the case back to the lower court, allowing U. S. District Judge Emmet Sullivan to examine the Justice Department’s against Flynn. Judges Neomi Rao, appointed by President Trump, and Karen LeCraft Henderson, appointed by President George H. W. Bush, dissented. In its 61-page ruling, the D. C. Circuit found Flynn « has not established that he has ‘no other adequate means to attain the relief he desires.' » The full court also declined to require the case be assigned to a different judge, as Flynn « has not established a clear and indisputable right to reassignment.
