In the never ending saga of General Michael Flynn’s case, the D.C. Court of Appeals rejected his request to quickly have the criminal charges against him dismissed. The 8-2 ruling means that Sullivan can sentence Flynn or dismiss the case. It is now up to Sullivan’s consideration, and if Flynn and the DOJ want to challenge it, the next stop will be the Supreme Court. The Appeals court determined that the dismissal request by Flynn and the DOJ was “premature.”

President Trump’s former National Security Adviser was charged for lying to the FBI about his discussions with Russian officials during the transition period between Trump’s election victory and his inauguration. Flynn, who has been the center of the Russiagate scandal, saw a light at the end of the tunnel as the Department of Justice opened an internal probe into Crossfire Hurricane, the code name used for Obama’s Justice Department and FBI’s investigation of the Trump campaign’s connection with Russia. The case, which found no collusion, led to Flynn’s lawyers and the Department of Justice move to drop the case against him, with the argument that Flynn was set up, and the initial case against him therefore had no legal justification. 

What is happening: Michael Flynn’s case is complex. Basically, Flynn had accepted the two count charge of lying to the FBI, and was waiting for his sentence. Then, in 2019, he hired Sidney Powell, and started making legal moves to change his guilty plea. Before Flyn hired Powell, he had what legal analysts call a “sweetheart” deal because of his cooperation with Robert Mueller, who was in charge of the Russia investigation. As this investigation charged Flynn for lying to the FBI, but found no collusion between Trump and Russia , people stated looking at the origin of the case, and questions arose. But still, the Justice Department remained firm in their decision against Flynn. That was until this spring, when the political world shook because the DOJ asked Sullivan to drop the case. 

Sullivan, however, wouldn’t grant the dismissal, and looked to outside lawyers to argue his case to the judge to allow Sullivan to go against the DOJ’s orders. This caused Flynn to move the case to the Appeals court, and today, they ruled in favor of Sullivan. 

What this means: Flynn’s fate is still up in the air. If he is sentenced, Trump could commute his sentence or pardon him. While it seemed like the DOJ’s order for the case to be dismissed would be enough to free Flynn, now, his future is uncertain. 

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