The crux of yesterday’s ruling by the D.C. District COA is you cannot force a US District judge to drop criminal charges before they have ruled. In an enblanc session on Monday, the U.S. Court of Appeals – D.C. Circuit ruled 8-2 against Flynn’s plea to drop charges before Columbia District Judge Emmett Sullivan had ruled on the DOJ motion to dismiss Flynn’s case. District Judge Emmet Sullivan can now proceed to examine why the Justice Department took the unprecedented step of dropping its criminal case against Flynn. This flies in the face of a three judge panel 2-1 ruling deciding Judge Emmett should drop the case.
George W. Bush appointee Karen Henderson and Trump appointee Neomi Rao, each filed a dissent claiming the case should be reassigned to another judge as Judge Emmett Sullivan has shown partiality and the COA has been inconsistent with its established practice. The COA has not ruled out another Flynn appeal at a later date after Judge Sullivan rules.