Flynn Faces Skeptical Appeals Court in Case-Dismissal Fight (2)

A federal appeals court grilled former National Security Advisor Michael Flynn’s lawyer about his claim that a trial-court judge has no choice but to grant the U.S. Justice Department’s surprise motion to dismiss the criminal case.

During a rare review by the full appellate panel, most of the judges at the proceeding on Tuesday posed questions suggesting the trial judge can decide whether to toss the case against Flynn, a high-profile ally of President Donald Trump. Flynn argues the court’s role is “ministerial” and that it must defer to the government.

“The judge is not simply a rubber ...