Circuit Court of Appeals, arguing that the three-judge panel was improperly trying to force the district court "to grant a motion [to dismiss] it had not yet resolved ... in reliance on arguments never presented to the district court." "All the district court has done is ensure adversarial briefing and an opportunity to ask questions about a pending motion," Sullivan's motion reads. That rule of procedure states: "The government may, with leave of court, dismiss an indictment, information, or complaint." The DOJ, Powell said, had ample reason to seek the dismissal of Flynn's case, in light of newly released exculpatory information. Attorney General Bill Barr had appointed U.S. Attorney Jeff Jensen to review the DOJ's handling of the Flynn case, and Jensen apparently unearthed the documents.

Source: Fox News July 09, 2020 20:18 UTC