https:\/\/www.politico.com\/news\/2020\/06\/24\/dc-circuit-orders-flynn-judge-to-dismiss-charges-337751<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"“A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit split 2-1 along ideological lines.<\/p>\n
The majority opinion, penned by Trump appointee Neomi Rao, said allowing the case to continue would intrude on the executive branch\u2019s prerogatives to control criminal prosecutions. Rao said even scheduling a hearing \u2014 as Sullivan had done for next month \u2014 was improper under the circumstances because there was no good reason to doubt the government\u2019s decision to reverse course.” <\/p>\n
…<\/p>\n
“Rao\u2019s majority opinion leans heavily on the \u201cpresumption of regularity\u201d often afforded to executive branch decision-making \u2014 the notion that courts should presume prosecutorial decisions are made in good faith. Through this lens, Rao and Henderson concluded, the Justice Department\u2019s discovery of new evidence that cast doubt on Flynn\u2019s guilt should be treated with deference.
\nWilkins, an Obama appointee, issued a sharply worded dissent. The government\u2019s U-turn in the case, he said, was so abrupt that a judge could reasonably question it.<\/p>\n
\u201cThis is no mere about-face; it is more akin to turning around an aircraft carrier,\u201d Wilkins wrote.<\/p>\n
Wilkins also complained that his colleagues were departing with normal federal court practice by prematurely intruding in the affairs of a district court judge who had not yet ruled.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[790,280,791],"class_list":["post-3019","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-courts","tag-criminal-justice","tag-michael-flynn"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/3019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3019"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/3019\/revisions"}],"predecessor-version":[{"id":3020,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/3019\/revisions\/3020"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3019"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}