Wednesday, June 24, 2020
Today a panel of the D.C. Circuit issued a 2-1 decision in In re Flynn, granting in part Michael Flynn’s petition for a writ of mandamus. Judge Rao authored the majority opinion, joined by Judge Henderson. Judge Wilkins dissented in part.
The majority “order[s] the district court to grant the government’s Rule 48(a) motion to dismiss the charges against Flynn” and vacates the district court’s order appointing retired EDNY District Judge John Gleeson as an amicus curiae to argue against the government’s motion to dismiss the charges. The majority refuses, however, to grant Flynn’s request to order reassignment of the case to a different district court judge.
It’s a politically important case, obviously, but the competing views on when a writ of mandamus is an appropriate method of appellate court intervention are worth a read in their own right.