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FACT BRIEF

If a recent Appeals Court ruling in Michael Flynn's case stands, will he be cleared of all charges?

Saturday, June 27, 2020
By Eric Smith
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YES

Months after pleading guilty to two criminal charges brought on by Special Prosecutor Robert Mueller's federal investigation, former National Security Adviser Michael Flynn's legal team changed his plea. After a change in leadership at the Justice Department, charges against Flynn were dropped.

The District Court judge in the case, Emmett Sullivan, appointed another judge to step in and argue against the Justice Department's decision to do so. The Justice Department sought to block that hearing. On June 24 the D.C. Court of Appeals ruled 2-1 against Judge Sullivan.

Judge Sullivan could appeal to the entire Appeals Court for a review, or to the Supreme Court. If instead he formally accedes to the decision and closes the case, Flynn will then be free of any criminal record.

This fact brief is responsive to conversations such as this one.
Sources
Reuters: US Appeals Court dismisses criminal case against Flynn
US Court of Appeals: Ruling on Flynn case (pages 4-12)
The Federalist: What will Judge Sullivan do?
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.