A federal appeals court on Wednesday ordered a judge to grant the Department of Justice's (DOJ) unusual move to drop charges against former national security adviser
Michael Flynn.
A three-judge panel on the D.C. Circuit Court of Appeals approved Flynn's petition to intervene in the case after a district court judge had tapped an outside counsel to argue against the DOJ's move.
The panel ruled 2-1, with two Republican-appointed judges carrying the majority, that U.S. District Court Judge
Emmet Sullivan overstepped his authority in second-guessing the prosecutors' decision.
"In this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power," Judge Neomi Rao, who was appointed to the circuit court by
President Trump, wrote in the majority opinion.
"If evidence comes to light calling into question the integrity or purpose of an underlying criminal investigation, the Executive Branch must have the authority to decide that further prosecution is not in the interest of justice," Rao added.