A three judge panel from the appeals court initially ordered the judge overseeing Flynn's case to comply with the DOJ's motion to dismiss. But the full ten member appeals court panel overturned that decision on Monday.
There is also "clear evidence of a gross abuse of prosecutorial power" in the motion to dismiss, Gleeson wrote. Rule 48(a) of the federal rules of criminal procedure is meant to protect against "dubious dismissals of criminal cases that would benefit powerful and well connected defendants." However, that's exactly what's happened in Flynn's case, Gleeson added.
ï»¿a federal appeals court denied Michael Flynn