It will come as no surprise to anyone who listened to the oral argument (or, ahem, read the coverage of it here at National Review) that the U.S. Court of Appeals for the D.C. Circuit has denied Michael Flynn’s petition for a writ of mandamus against District Court Judge Emmet Sullivan. General Flynn, President Trump’s original national-security adviser, was seeking to persuade the appellate court to order Judge Sullivan to dismiss the case against him on the Justice Department’s motion.
The ruling by the en banc court (i.e., consideration by all ten active Circuit judges who were not recused from the case) was 8–2. As predicted here, a strong majority of the court — whose Democratic appointees easily outnumber their Republican counterparts — lined up against two dissenting Republican appointees. In May, those dissenters, Judges Neomi Rao and Karen L. Henderson, had formed the majority of a three-judge Circuit panel that initially ruled in Flynn’s favor. The panel ruling was vacated when the full Circuit decided to hear the case.
The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of The Duran.