They ruled Sullivan had to dismiss the case because he lacked the authority to override the Executive branch, not because Flynn was innocent as you falsely stated.
But it didn't end there. That was just a panel of that Court that ruled 2-1 against Sullivan. Sullivan asked for a full court ruling and if I recall, it was 8-2 reversing the panel's decision.
Judge Sullivand refused the court ordered dismissal, forcing the boondoggle case to be unjustly prolonged util Trump pardoned Flynn in order to force the demented judge to let him go as he had been ordered.
Michael Flynn's case ordered dismissed after appeals court overrules judge
The surprise ruling came as the trial judge had questioned the DOJ's move.
By
Alexander Mallin
June 24, 2020, 11:10 AM
Headlines from ABC News LiveCatch up on the developing stories making headlines.
In a surprise ruling, the D.C. Circuit Court of Appeals on Wednesday overruled District Judge Emmet Sullivan and ordered him to accept the Justice Department's motion to dismiss the case against former
national security adviser Michael Flynn.
President Donald Trump's former National Security Advisor Michael Flynn arrives at federal court, Dec. 18, 2018, in Washington, D.C.
Carolyn Kaster/AP, FILE
President Donald Trump reacted within minutes, tweeting that the ruling in favor of his first national security adviser, whom the president has repeatedly claimed was investigated and prosecuted unfairly, was "Great!"
Special counsel Robert Mueller charged Flynn with one count of lying to federal investigators in late 2017 – a charge to which Flynn twice pleaded guilty. Critics allege his case is an example of alleged politicization of the Justice Department under Trump and Attorney General William Barr.
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The three-judge appeals court panel ruled 2-1 in granting Flynn's motion to overrule Sullivan, with Trump-appointee Judge Neomi Rao authoring the majority opinion for the order -- spelling out how the court believes Judge Sullivan overstepped his authority by appointing an outside former judge to argue against the Justice Department and Flynn's legal team.
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"A hearing cannot be used as an occasion to superintend the prosecution’s charging decisions, because “authority over criminal charging decisions resides fundamentally with the Executive, without the involvement of—and without oversight power in—the Judiciary," Rao writes.
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Rao also notes the recent evidence surfaced by the Justice Department's separate review of the case should give it the freedom to revisit the integrity of the overall prosecution.
"Each of our three coequal branches should be encouraged to self-correct when it errs. 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,"