A federal judge portrayed the Justice Department’s prior attempt to drop the case as unlikely to have met legal standards as legitimate.
Prosecutors also revealed in a court filing that President Trump’s pardon of Michael Flynn was written broadly to end the former aide’s legal jeopardy.
Two cases touching on the Trump-Russia investigation are dividing the Court of Appeals for the District of Columbia Circuit.
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.
The decision means that the legal saga over the criminal charge against President Trump’s former national security adviser will continue.
After a divided appeals court panel ordered him to drop the charge against the former national security adviser, a judge asked the full court to review the ruling.
The Court of Appeals answered the wrong questions.
A lawyer for the former national security adviser turned to the attorney general for help, and he delivered, months before a pair of appellate judges handed Mr. Flynn another legal victory.
Two appellate judges ordered a lower-court judge to immediately dismiss a charge against President Trump’s former national security adviser. A third judge accused them of overstepping their powers.
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 former federal judge said that the attorney general gave special treatment to a presidential ally, undermining public confidence in the rule of law.
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.
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.
U.S. District Court Judge Emmet Sullivan will hear a challenge to the Justice Department’s surprise move to drop charges against President Trump’s former national security adviser Michael T. Flynn.
A retired judge will also examine whether the former national security adviser committed perjury.
Law enforcement officials’ abrupt decision to end the case drew accusations from former colleagues that they had undermined the rule of law.
It embeds into official U.S. policy a shockingly extremist view of law enforcement as the enemy of the American people.