The presiding judge in the case of former national-security adviser Michael Flynn refused to dismiss the case on Thursday, even after a federal appeals court ordered the judge to do so.
U.S. District Court judge Emmet Sullivan issued a petition for an “en banc” hearing of the case before the D.C. Circuit Court of Appeals. If accepted, the case would be reargued for all the judges on the appeals court.
The Justice Department in May announced it would drop its case against Flynn. The former national-security adviser had initially pleaded guilty to lying to FBI investigators, but later rescinded his plea.
The DOJ concluded that the FBI interview upon which Flynn’s guilty plea was based, was “conducted without any legitimate investigative basis.”
