The decision Wednesday by a federal appeals court to allow the Justice Department to drop charges against former National Security Adviser Michael Flynn of making false statements to the FBI followed the law and prior precedents.
The 2-1 ruling by a panel of the U.S. Circuit Court of Appeals for the District of Columbia was a rebuke to U.S. District Judge Emmet Sullivan for acting improperly when he sought to block the Justice Department from ending its prosecution of the retired Army lieutenant general.
The appeals court ordered Sullivan to dismiss the case against Flynn immediately without additional review, throwing out Flynn’s guilty plea that was made after prosecutors threatened to file charges against his son. In legal parlance, the court ordered what is known as a writ of mandamus.
The majority opinion, written by Judge Neomi Rao, made clear that Sullivan had exceeded his authority when he refused to dismiss the case against Flynn despite a Justice Department decision to drop the charges and not prosecute the former national security adviser.
This piece originally appeared in Fox News