A federal appeals court in Washington agreed on Thursday to consider whether the judge who is dealing with the Michael Flynn case must dismiss the criminal charges brought against him in order to keep Flynn's legal future in suspense, NBC News reported.
The US District of Columbia Court of Appeal upheld Judge Emmet Sullivan's request to retry the case after a three-judge panel of the court ordered the judge to drop the charges in June. The appeal by the Court of Appeal wipes the slate clean and eliminates any legal implications of the panel's earlier decision.
The court set a hearing for August 11 and said the parties should be ready to examine whether there are "no other reasonable means to achieve the desired relief", which strongly suggests that at least some members of the The full court is of the opinion that the judge should be given an opportunity to decide whether the charges should be dropped before the court of appeal is involved.
Flynn pleaded guilty twice to lying to FBI agents in January 2017 for speaking to the Russian ambassador to the United States. When an agreement to work with prosecutors broke up with Flynn's former business partner in a separate case, Flynn attempted to withdraw his plea. The Justice Department informed Sullivan in May that it would stop prosecuting after Attorney General William Barr ruled that Flynn's false statements to the FBI were not essential to any open investigation and were therefore not a violation of the law.
Read the full story on NBCNews.com.