A U.S. appeals court Wednesday told a Democratic judge who is refusing to drop the case against former National Security Advisor Lt. Gen. Michael Flynn to back off.
“ORDERED that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s Rule 48(a) motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date,” the U.S. Court of Appeals for the District of Columbia ruled on Wednesday.
The administration is no longer prosecuting the case, but the judge wants it to continue anyway.
“In its motion, the government explains that in light of newly discovered evidence of misconduct by the Federal Bureau of Investigation, the prosecution can no longer prove beyond a reasonable doubt that any false statements made by Flynn were material to a legitimate investigation,” wrote appeals court Judge Neomi Rao, who was appointed by President Trump.
DOJ spokeswoman Kerri Kupec declared victory on Twitter.