The U.S. Court of Appeals for the D.C. Circuit rendered their decision on the Emergency Petition for Mandamus. The decision reads:
“Upon consideration of the emergency petition for a writ of mandamus, the responses thereto, and the reply, the briefs of amici curiae in support of the parties, and the argument by counsel, it is ORDERED that Flynn’s petition for writ of mandamus be granted in part; the District Court is directed to grant the government’s Rule 48(a) motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date“.
Judge Sullivan is now ordered to dismiss the criminal case against General Michael Flynn as per the Appeals Court and cancel the hearing that he had scheduled for July 12th. The Judge may order a hearing regarding this decision, however, this case is over.
According to Judge Napolitano on Fox News, he said earlier, “General Flynn wins, General Flynn will not be prosecuted. The Department of Justice said when they filed the papers asking to dismiss the case that the original charges were not filed in good faith. The ordinary Qualified Immunity that prosecutors and federal agents usually has, does not apply in this case and General Flynn can actually sue the Department of Justice for the $6.7+ million he spent on legal fees because the prosecution of him was not in good faith“.
The President immediately took to Twitter to comment on the decision:
Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!
— Donald J. Trump (@realDonaldTrump) June 24, 2020
Press Secretary Kayleigh McEnany also tweeted “All Americans are entitled to equal justice under the law and due process. No American should ever be unjustly targeted by their government“.
Today's decision by an appeals court to dismiss the case against Lt. Gen. Michael Flynn is a VICTORY for justice and truth.
All Americans are entitled to equal justice under the law and due process. No American should ever be unjustly targeted by their government.
— Kayleigh McEnany (@PressSec) June 24, 2020