Sign up for our daily briefing
Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.
Stay on top of the latest market trends
Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.
Sports news worthy of your time
Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.
Tech news worthy of your time
Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.
Get the inside stories
Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Want a daily digest of the top Denver news?
Get a daily digest of the most important stories affecting your hometown with Axios Denver
Want a daily digest of the top Des Moines news?
Get a daily digest of the most important stories affecting your hometown with Axios Des Moines
Want a daily digest of the top Twin Cities news?
Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities
Want a daily digest of the top Tampa Bay news?
Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay
Want a daily digest of the top Charlotte news?
Get a daily digest of the most important stories affecting your hometown with Axios Charlotte
Photo: Alex Wroblewski/Getty Images
A federal appeals court in D.C. appears hesitant to order Judge Emmit Sullivan to dismiss the case against former national security adviser Michael Flynn, The Washington Post reports.
Why it matters: Flynn and the Justice Department had asked the appeals court to order District Court Judge Emmet Sullivan to quickly resolve the case examining why the federal government dropped charges against Flynn. While the appeals court hasn't issued a decision, their hesitation suggests the courts have the right to review whether Justice Department moves to drop a prosecution are “in the public interest," the Post writes.
- The DOJ's motion to drop charges against Flynn prompted Sullivan to appoint John Gleeson, a former judge, to review the motion. Gleeson wrote in a brief that Flynn appeared to commit perjury and accused the DOJ of a "corrupt, politically motivated" request for dismissal.
The state of play: The Justice Department announced in early May it was dropping charges against Flynn, the first Trump associate to plead guilty or be convicted following the Mueller investigation.
- The Justice Department said in its filing that it made its decision to drop the charges "after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information."
- Flynn pleaded guilty to lying to federal agents in 2017 about his conversations with the former Russian ambassador during the Mueller investigation.
What they're saying:
- Appellate Judge Karen Henderson told Flynn's attorney, “If Judge Sullivan had just kept this motion waiting and languishing, that’s one thing. But he has set a hearing for mid-July. For all we know, by the end of July he will have granted the motion...There’s nothing wrong with him holding a hearing — there’s no authority I know of that says he can’t hold a hearing.”
Go deeper: