A federal appeals court seemed skeptical Friday of former national security adviser Michael Flynn's bid to force a judge to dismiss his case, after the Justice Department sought to abandon his prosecution.
Judge Karen Henderson told Powell that a federal judge in a criminal case is"not merely a rubber stamp" when the government seeks to dismiss.Judge Robert Wilkins, like Henderson, noted that Sullivan had not yet ruled on the government's motion to dismiss, only set up a process to evaluate it. That's why Sullivan appointed a former judge to advise him and scheduled another hearing.
No, Powell said — the government has quit the case and"it's time to leave the field." She also said the impact of the drawn-out nature of this case on Flynn has to be taken into consideration.Latest twist in years-long melodrama Flynn cooperated extensively with special counsel Robert Mueller's investigation into Russian interference in the 2016 election, but did an about-face last summer after bringing on a new legal team led by Powell, who has been a fierce critic on Fox News of the Russia probe.Early this year, Flynn moved to withdraw his guilty plea, saying he was set up by the FBI. Transcripts of Flynn's phone calls with Kislyak were recently declassified and made public.
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