Michael Flynn is not out of hot water just yet. The entire Washington-based federal appeals court plans to take up the Justice Department's request to dismiss the criminal case against President Trump's former national security adviser, per the AP. The action Thursday by the full US Court of Appeals for the District of Columbia Circuit threatens to undo an earlier decision from a three-judge panel of that court that ordered the case dismissed. The move—deemed "very rare" by USA Today—also prolongs the fight over Flynn’s fate and represents one more dramatic development in a case that has taken unexpected twists and turns over the past year and turned Flynn into something of a cause celebre for Trump and his supporters.
The court set arguments for Aug. 11. It did not offer an explanation for its decision in a brief order posted online, but did say “the parties should be prepared to address whether there are 'no other adequate means to attain the relief' desired." Sidney Powell, a lawyer for Flynn, did not immediately return an email seeking comment, but did tweet the news and wrote, “WOW!" The three-judge panel ruled 2-1 last month that US District Judge Emmet Sullivan had overstepped his bounds by not granting the Justice Department’s request in May to dismiss the case against Flynn. Flynn had pleaded guilty to lying to the FBI about his contacts with the Russian ambassador during the presidential transition period.
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