A federal appeals court on Thursday tossed out its order that a trial court judge dismiss the criminal case against former Trump national security advisor Michael Flynn, and said it will rehear arguments on the issue.
The ruling is a blow to the retired Army lieutenant general and the Justice Department, which has asked the trial judge to drop the charge.
Flynn pleaded guilty in late 2017 to lying to FBI agents about his conversations with a Russian diplomat in the weeks before the inauguration of President Donald Trump.
But for more than a year, he has sought to undo the plea, and recently found support from top Justice Department officials.
The trial judge, Emmet Sullivan of U.S. District Court in Washington, D.C., has not acted on the department’s motion to toss the case.
Instead, Sullivan appointed an outside lawyer to argue that the case be continued, and proceed toward sentencing of Flynn. The judge also allowed outside parties to weigh in on the question of whether to dismiss the case.
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