“Upon consideration of the petition for rehearing en blanc … it is ordered that the case be reheard by the court sitting en blanc. It is further ordered that the court’s order filed June 24, 2020, to be vacated,” the Appellate Court said.
The Appellate Court scheduled oral arguments on the case 12 August.
The decision came in response to lower court Judge Emmet Sullivan’s rejection of the earlier order to dismiss the case and Sullivan’s request for a new hearing by the all Appellate Court’s eleven judges.
Flynn pleaded guilty two years ago to making false statements during an interview with the FBI over contacts between Russian officials and the 2016 Trump presidential campaign and subsequent transition.
Flynn’s lawyers claim that the former Army general was unfairly targeted by the FBI and special counsel Robert Mueller’s probe of an alleged conspiracy between Russia and the Trump campaign - allegations that Muller’s investigation failed to confirm.
The Flynn defence team said evidence showed the FBI made up a case to prosecute Flynn upon which the Justice Department dropped all charges in the case.
