Michael Flynn. Photo: Alex Wroblewski/Getty Images

The full D.C. Circuit Court of Appeals issued an 8-2 ruling on Monday denying former national security adviser Michael Flynn's petition to force a federal judge to immediately drop his criminal case, as requested by the Justice Department.

Why it matters: The ruling will allow District Judge Emmet Sullivan to hold hearings to discuss the motion to dismiss the case against Flynn, who pleaded guilty in the Mueller investigation to lying to the FBI about his contacts with the former Russian ambassador.

The big picture: The Justice Department under Attorney General Bill Barr moved to dismiss the charges against Flynn in May, following a review that alleged prosecutorial misconduct by the FBI agents who had interviewed Flynn.

  • Judge Sullivan pumped the brakes on the case and sought to hear from outside parties on whether he should accept the government's motion.
  • Flynn's lawyers subsequently asked the D.C. Circuit Court of Appeals to order Judge Sullivan to immediately drop the case before hearings could be held.
  • A panel of three judges ruled 2-1 that Sullivan must accept the request, but the full 11-judge court of appeals — which issued Monday's ruling — agreed to rehear the case.

Between the lines: An ex-judge appointed by Sullivan to review the case as an amicus, or adviser to the court, issued a scathing brief in June alleging that Flynn committed perjury and accusing the DOJ of a "corrupt, politically motivated" dismissal.

  • The appeals court's majority ruling found that Sullivan was justified in appointing an amicus to help advise his decision, and rejected assertions by Flynn's lawyers that Sullivan was biased.
  • It's still possible that Sullivan will agree to drop the case after holding hearings.

Read the ruling.

Go deeper

House Democrats ask DOJ watchdog to probe Durham's Trump-Russia investigation

Attorney General Bill Barr. Photo: Kamil Krzaczynsky/AFP via Getty Images

Four Democratic House committee chairs on Friday asked the Justice Department's inspector general to launch an "emergency investigation" into whether Attorney General Bill Barr and U.S. Attorney John Durham, his appointee, are taking actions that could "improperly influence the upcoming presidential election."

Catch up quick: Last year, Barr tapped Durham to conduct a sweeping investigation into the origins of the FBI's 2016 Russia probe, after he and President Trump claimed that it was unjustified and a "hoax."

Biden: The next president should decide on Ginsburg’s replacement

Joe Biden. Photo: Drew Angerer / Getty Images

Joe Biden is calling for the winner of November's presidential election to select Ruth Bader Ginsburg's replacement on the Supreme Court.

What he's saying: "[L]et me be clear: The voters should pick the president and the president should pick the justice for the Senate to consider," Biden said. "This was the position the Republican Senate took in 2016 when there were almost 10 months to go before the election. That's the position the United States Senate must take today, and the election's only 46 days off.

Trump, McConnell to move fast to replace Ginsburg

Photo: Alex Wong/Getty Images

President Trump will move within days to nominate his third Supreme Court justice in just three-plus short years — and shape the court for literally decades to come, top Republican sources tell Axios.

Driving the news: Senate Majority Leader Mitch McConnell and Senate Republicans are ready to move to confirm Trump's nominee before Election Day, just 46 days away, setting up one of the most consequential periods of our lifetimes, the sources say.