A majority of the judges on a federal appeals court signaled that they may allow a court hearing into the Justice Department’s decision to drop the case.
An appeals court panel’s questions suggested that it is unlikely to block a lower-court judge from examining why prosecutors asked to dismiss the case against a Trump ally who already pleaded guilty.
A lawyer for the trial judge told an appeals court why he wanted to examine the Justice Department’s “unusual” request to dismiss the charge.
Michael Flynn’s lawyers had asked an appeals court to force the judge to end the case against their client immediately, another twist in a highly unusual and politicized proceeding.
The move is highly unusual and has prompted a judge to appoint an outsider to argue against the department.
John Gleeson, a retired federal judge and former mob prosecutor, will oppose the Justice Department’s move to drop a charge against President Trump’s former national security adviser.
A retired judge will also examine whether the former national security adviser committed perjury.