A federal appeals court won’t order the dismissal of the Michael Flynn prosecution, ruling Monday that a judge is entitled to scrutinize the Justice Department’s request to dismiss its case against the former Trump administration national security adviser.
The decision keeps the case at least temporarily alive. In May, the Justice Department moved to dismiss the prosecution even though Flynn himself had pleaded guilty and admitted lying to the FBI during the Russia investigation. After a judge refused to immediately dismiss the case, his lawyers asked a federal appeals court to step in and force him to do so.
Flynn was the only person charged in special counsel Robert Mueller’s investigation who had been a White House official. Mueller’s probe investigated ties between the 2016 Trump campaign and Russia.