WASHINGTON – Lawyers for Michael Flynn are asking a federal appeals court to order the dismissal of the criminal case against the former Trump administration national security adviser.
They also want the case reassigned to another judge, saying the judge now handling it overstepped his authority when he did not immediately grant the Justice Department’s request to dismiss the case.
Instead, U.S. District Judge Emmet Sullivan appointed a retired judge to argue against the department's position and to consider whether Flynn, who previously admitted lying to federal agents but now asserts his innocence, could be held in criminal contempt for perjury.