IN RE FLYNN

No. 20-5143.

973 F.3d 74 (2020)

IN RE: Michael T. FLYNN, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided August 31, 2020.


Attorney(s) appearing for the Case

Sidney Powell argued the cause for petitioner Michael T. Flynn. With her on the opposition to the petition for rehearing en banc were Molly McCann and Jesse R. Binnall , Alexandria, VA.

Jeffrey B. Wall , Acting Solicitor General, U.S. Department of Justice, argued the cause for United States of America. With him on the response to the petition for rehearing en banc were Brian C. Rabbitt , Acting Assistant Attorney General, Hashim M. Mooppan , Counselor to the Solicitor General, Eric J. Feigin , Deputy Solicitor General, Frederick Liu , Assistant to the Solicitor General, Kenneth C. Kohl , Acting Principal Assistant U.S. Attorney, and Jocelyn Ballantine , Assistant U.S. Attorney.

Beth A. Wilkinson , Washington, DC, argued the cause for Judge Emmet G. Sullivan . With her on the petition for rehearing en banc were Kosta S. Stojilkovic and Rakesh N. Kilaru , Washington, DC.

Dissenting opinion filed by Circuit Judge Rao, with whom Circuit Judge Henderson joins.


I.

In December 2017, Michael T. Flynn ("Petitioner") pleaded guilty to making false statements to FBI agents in violation of 18 U.S.C. § 1001. See Transcript of Proceedings at 7:22-13:15, United States v. Flynn, No. 1:17-cr-232, ECF No. 103 (D.D.C. Dec. 18, 2018); Transcript of Proceedings at 16:1-15, Flynn,...

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