In a 2-1 opinion, the United States Court of Appeals for the D.C. Circuit has granted Michael Flynn’s petition for a writ of mandamus ordering Judge Emmet Sullivan to dismiss the case against General Flynn. I commented on the oral argument before the court here on June 12. I have embedded the panel opinion below along with the dissent.
Judge Rao’s opinion for the panel responds in detail to Judge Wilkins’s dissent. I think Judge Rao seeks to dissuade the D.C. Circuit from finding a way to rehear the case en banc under Rule 35 of the Federal Rules of Appellate Procedure.
The Flynn case constitutes a sidebar to the biggest political scandal in American history by far. One can only hope that this is, as it should be, the end of the road for this utterly disgraceful case.