Show an ad over header. AMP

Full D.C. appeals court denies Michael Flynn's request to immediately drop case

The full D.C. Circuit Court of Appeals issued a ruling on Monday denying former national security adviser Michael Flynn's petition to force a federal judge to immediately drop his criminal case, as requested by the Justice Department.

Why it matters: The ruling will allow District Judge Emmet Sullivan to hold hearings to discuss the motion to dismiss the case against Flynn, who pleaded guilty in the Mueller investigation to lying to the FBI about his contacts with the former Russian ambassador.


The big picture: The Justice Department under Attorney General Bill Barr moved to dismiss the charges against Flynn in May, following a review that alleged prosecutorial misconduct by the FBI agents who had interviewed Flynn.

  • Judge Sullivan pumped the brakes on the case and sought to hear from outside parties on whether he should accept the government's motion.
  • Flynn's lawyers subsequently asked the D.C. Circuit Court of Appeals to order Judge Sullivan to immediately drop the case before hearings could be held.
  • A panel of three judges ruled 2-1 that Sullivan must accept the request, but the full 11-judge court of appeals — which issued Monday's ruling — agreed to rehear the case.

Between the lines: An ex-judge appointed by Sullivan to review the case issued a scathing brief in June alleging that Flynn committed perjury and accusing the DOJ of a "corrupt, politically motivated" dismissal. It's still possible that Sullivan will agree to drop the case after holding a hearing.

This story is breaking news. Please check back for updates.

Read the ruling.

Trump and Xi to give dueling speeches Tuesday at UN General Assembly

President Trump and China’s Xi Jinping will address the UN General Assembly just minutes apart on Tuesday morning — with Russia’s Vladimir Putin following soon thereafter.

The big picture: Trump has promised a “strong message on China.” Xi, meanwhile, is expected to laud global cooperation — with the clear implication that it can be led from Beijing.

Keep reading... Show less

Trump meets with Supreme Court frontrunner Amy Coney Barrett

President Trump met with Judge Amy Coney Barrett Monday afternoon at the White House, days before he is set to announce his pick to fill the Supreme Court seat vacated by Justice Ruth Bader Ginsberg, two sources familiar with meeting tell Axios.

Between the lines: Barrett, a U.S. circuit court judge who has long been seen within Trumpworld as the frontrunner on the president's short list, is known widely within the White House and well-liked.

Keep reading... Show less

Federal judge extends deadline for Wisconsin ballots postmarked by Election Day

A federal judge in Wisconsin on Monday extended the state's deadline for counting absentee ballots until up to six days after the Nov. 3 election if they are postmarked by Election Day, AP reports.

Why it matters: The ruling, unless overturned, "means that the outcome of the presidential race in Wisconsin likely will not be known for days after polls close," according to AP.

Keep reading... Show less

Trump's Supreme Court plans create major opportunity for Kamala Harris to go on offense

President Trump's Supreme Court plans have created a major opportunity for Sen. Kamala Harris to go on offense.

Why it matters: A confirmation fight puts Harris back in the spotlight thanks to her role on the Senate Judiciary Committee.

Keep reading... Show less

McConnell: Senate has "more than sufficient time" to process Supreme Court nomination

Senate Majority Leader Mitch McConnell (R-Ky.) said in a floor speech Monday that the chamber has "more than sufficient time" to confirm a replacement for Supreme Court Justice Ruth Bader Ginsburg before the election, and accused Democrats of preparing "an even more appalling sequel" to the fight over Brett Kavanaugh's confirmation.

Why it matters: Senate Minority Leader Chuck Schumer (D-N.Y.) has said "nothing is off the table next year" if Republicans push ahead with the confirmation vote before November, vowing alongside Rep. Alexandria Ocasio-Cortez (D-N.Y.) to use "every procedural tool available to us to ensure that we buy ourselves the time necessary."

Keep reading... Show less

House Democrats file legislation to fund government through Dec. 11

House Democrats on Monday released their proposal for short-term legislation to fund the government through December 11.

Why it matters: This is Congress' chief legislative focus before the election. They must pass a continuing resolution (CR) before midnight on Oct. 1 to avoid a government shutdown — something both Hill leaders and the White House have claimed is off the table.

Keep reading... Show less

Trump announces new Iran sanctions in effort to maintain international arms embargo

President Trump signed an executive order on Monday that would impose sanctions on any person or entity that contributes to the supply, sale, or transfer of conventional arms to or from Iran or is engaged in providing training and financial support related to those weapons.

Why it matters: The executive order is the first step by the Trump administration to put teeth into its claim that international sanctions on Iran were restored over the weekend, one month after the U.S. initiated the "snapback" process under a United Nations Security Council resolution.

Keep reading... Show less

Exclusive: Conservative group launches $2M Supreme Court ad

The Judicial Crisis Network is launching a $2.2 million ad campaign to put pressure on vulnerable Senate Republicans in battleground states to support a quick confirmation when President Trump announces his Supreme Court nominee.

The big picture: "Follow Precedent," previewed by Axios, is one of the first national and cable television ads to run following Justice Ruth Bader Ginsberg's death Friday.

Keep reading... Show less

Insights

mail-copy

Get Goodhumans in your inbox

Most Read

More Stories