In re: Flynn, No. 20-5143 (D.C. Cir. 2020)Annotate this Case
Michael Flynn pleaded guilty to making false statements to FBI agents, 18 U.S.C. 1001. In May 2020, before sentencing, the government moved to dismiss all charges with prejudice. Flynn consented to that motion and moved to withdraw his pending motions, including a motion to withdraw his guilty plea. The district court appointed an amicus curiae to present arguments in opposition to the government’s motion and to address whether the court should issue an Order to Show Cause why Flynn should not be held in criminal contempt for perjury.
Flynn filed an emergency mandamus petition. A panel of the D.C. Circuit issued the writ to compel the district court to immediately grant the government’s motion. On rehearing, en banc, the D.C. Circuit denied Flynn’s requests to compel the immediate grant of the government’s motion and to vacate the district court’s appointment of amicus. Flynn has not established that he has “no other adequate means to attain the relief he desires.” The court also declined to mandate that the case be reassigned to a different district judge; Flynn has not established a clear and indisputable right to reassignment. The court noted the interest in allowing the district court to decide a pending motion in the first instance; that Flynn is not in custody; and that “it is simply not the case that the Executive will be irreparably harmed by the procedures."
This opinion or order relates to an opinion or order originally issued on June 24, 2020.