Flynn Case Sent Back to Sentencing Judge

 Fortunately, the full bench of the DC Circuit Court of Appeals, sitting en banc, has overturned a 2 to 1 ruling of the three judge panel which had directed the trial judge in the Michael Flynn case to accede to AG Barr’s suspect motion to dismiss the case against the confessed felon without inquiry into the government’s motivation for its unprecedented turnabout.

One of the two dissenting judges, recent Trump appointee Neomi Rao, questions how the prosecution can proceed without a prosecutor. Judge Rao is patently mistaken. The Flynn prosecution ended with his admission, under oath, acknowledging his guilt. The final stage of the proceeding is entirely in the hands of the judge. The only role left for the prosecutor is to make a recommendation as to sentence.
Judge Sullivan may ultimately feel constrained to accept the DOJ’s motion to dismiss. But he will, at least, have an opportunity to probe publicly the justification for Mr. Barr’s politically driven maneuver and be able to question the distorted factual basis offered in support thereof.