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Photo: Aaron P. Bernstein/Getty Images

The D.C. Circuit Court of Appeals said in a 2-1 ruling on Wednesday that the federal judge overseeing the sentencing of former national security adviser Michael Flynn must accept the Justice Department's request to drop charges.

Why it matters: It could mark the end of a long-running legal fight that began with Flynn pleading guilty to lying to the FBI in December 2017 about his contacts with the Russian ambassador during the Trump administration's transition into office.

The backdrop: 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.

  • D.C. District Judge Emmet 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 drop the case.
  • In the meantime, an ex-judge appointed by Sullivan to review the case issued a scathing brief alleging that Flynn committed perjury and accusing the DOJ of a "corrupt, politically motivated" dismissal.

Worth noting: The majority opinion was written by Circuit Judge Neomi Rao, who was appointed in November 2018 to fill the seat vacated by Supreme Court Justice Brett Kavanaugh.

What's next: Sullivan could ask the full D.C. Court of Appeals to vote whether to rehear the panel decision.

What they're saying:

Because legal errors ordinarily may be corrected on appeal, a writ of mandamus is proper only if there is “no other adequate means to attain … relief.” Although “an abstract concern with the separation of powers,” does not rise to the level of an irreparable injury, we have found the requisite harm as a matter of course when a party alleges the district court’s action usurps a specific executive power.
In this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power. The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority. Thus, the district court’s appointment of the amicus and demonstrated intent to scrutinize the reasoning and motives of the Department of Justice constitute irreparable harms that cannot be remedied on appeal.
— Majority opinion

Read the full opinion via DocumentCloud.

Go deeper

Sep 29, 2020 - Politics & Policy

Appeals court upholds six-day extension for counting Wisconsin ballots

Photo: Derek R. Henkle/AFP via Getty Images

A federal appeals court on Tuesday upheld a lower court ruling that extended the deadline for counting mail-in ballots in Wisconsin until Nov. 9 as long as they are postmarked by the Nov. 3 election, AP reports.

Why it matters: It's a big win for Democrats that also means that the winner of Wisconsin, a key presidential swing state, may not be known for six days after the election. Republicans are likely to appeal the ruling to the Supreme Court, as the Pennsylvania GOP did after a similar ruling on Monday.

Go deeper: How the Supreme Court could decide the election

FAA clears more planes after 5G fears

Photo: David McNew/Getty Images

The Federal Aviation Administration said Thursday it had approved nearly 80% of the U.S. commercial fleet to perform low-visibility landings at airports with new 5G services after fears of signal interference limited 5G rollout.

Why it matters: The FAA approvals will help provide more certainty after the agency raised fears that 5G signals could reduce the accuracy of certain equipment, known as radio altimeters, that helps planes land and take off in inclement weather.

Dan Primack, author of Pro Rata
3 hours ago - Economy & Business

Peloton stock tanks on report of production halt

Illustration: Aïda Amer/Axios

Peloton stock fell by as much as 25% on Thursday, following a CNBC report that the connected fitness company will temporarily halt production on its bikes and treadmills.

Why it matters: Peloton is viewed by many as a proxy for consumer behavior in the pandemic era, as its popularity surged when gyms closed and people wanted to exercise at home.