Members of a federal appeals court signaled Tuesday that they will likely let a lower court judge decide whether to dismiss criminal charges against former Trump national security adviser Michael Flynn, NBC News reported.
After more than three hours of oral argument conducted by telephone conference call, a majority of the Court of Appeals for the District of Columbia seemed inclined to rule that District Court Judge Emmet Sullivan should be allowed to decide whether to grant the Justice Department's motion to dismiss the case.
If Sullivan declines to throw out the charges, Flynn could then pursue his appeals, a majority of the judges suggested. The issue for the appeals court was whether Flynn's lawyers jumped the gun by seeking a rarely granted form of appeals court relief, a type of order known as a writ of mandamus, instead of waiting for Sullivan to rule.
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