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u.s. news Diamars 1 september 2020

Appeals court keeps Flynn case alive, won't order dismissal

By ERIC TUCKER opinion did not concern the
Associated Press merits of the Justice Depart-
WASHINGTON (AP) — ment’s prosecution of Flynn
A federal appeals court in or even its decision to aban-
Washington declined Mon- don the case. Rather, he said
day to order the dismissal of the question before the judg-
the Michael Flynn prosecu- es was a much more sim-
tion, permitting a judge to ple one. He said it was very
scrutinize the Justice Depart- possible that Sullivan could
ment’s request to dismiss its wind up granting the Jus-
case against President Donald tice Department’s dismissal
Trump’s former national se- request and that it would be
curity adviser. “highly unusual if it did not,
The decision keeps the case given the Executive’s consti-
at least temporarily alive tutional prerogative to direct
and rebuffs efforts by both and control prosecutions and
Flynn’s lawyers and the Jus- the district court’s limited
tice Department to force the discretion” in cases that pros-
prosecution to be dropped ecutors want dropped.
without any further inquiry Two judges, Neomi Rao and
from the judge, who has for Karen LeCraft Henderson,
months declined to dismiss each wrote dissenting opin-
it. The ruling represents ions arguing that Sullivan
the latest development in a had usurped his authority by
criminal case that has taken keeping alive a case the Jus-
unusual twists and turns over In this Feb. 1, 2017 file photo, National Security Adviser Michael Flynn speaks during the daily tice Department sought to
the last year and prompted a news briefing at the White House, in Washington. have dismissed. Both judges
separation of powers tussle Associated Press were part of a 2-1 ruling in
involving a veteran federal June that ordered Sullivan to
judge and the Trump admin- transition period. and called it a “gross abuse” court was whether Sullivan dismiss the case.
istration. In a separate ruling But U.S. District Judge of prosecutorial power. His could be forced to grant the “In Flynn’s case, the prosecu-
Monday, a three-judge panel Emmet Sullivan, who had lawyers then sought to bypass Justice Department’s dis- tion no longer has a prosecu-
of the same appeals court upbraided Flynn for his Sullivan and obtain a order missal request without even tor,” Rao wrote. “Yet the case
again threw out a lawsuit by behavior at a 2018 court ap- from the appeals court that holding a hearing to scruti- continues with district court
House Democrats to compel pearance, signaled his skep- would have required the im- nize the basis for the motion. proceedings aimed at un-
former White House counsel ticism at the government’s mediate dismissal of the case. “We have no trouble an- covering the internal delib-
Don McGahn to appear be- unusual motion. He refused They argued that the judge swering that question in the erations of the Department.
fore a congressional commit- to dismiss the case and in- had overstepped his bounds negative,” the court wrote in The majority gestures at the
tee. The Flynn conflict arose stead scheduled a hearing by scrutinizing a decision an unsigned opinion for the potential harms of such a ju-
in May when the Justice and appointed a retired fed- that both sides, the defense eight judges in the majority. dicial intrusion into the Ex-
Department moved to dis- eral judge to argue against and the Justice Department, The judges also rejected de- ecutive Branch, but takes a
miss the prosecution despite the Justice Department’s were in agreement about and fense efforts to have Sullivan wait-and-see approach, hop-
Flynn’s own guilty plea to ly- position. That former judge, that the case was effectively removed from the case. ing and hinting that the dis-
ing to the FBI about his con- John Gleeson, challenged moot once prosecutors de- In a concurring opinion, U.S. trict judge will not take the
tacts with the Russian ambas- the motive s behind the de- cided to abandon it. District Judge Thomas Grif- actions he clearly states he
sador during the presidential partment’s dismissal request At issue before the appeals fith wrote that the court’s will take. q

Delta, American join United in dropping most U.S. change fees

mestic flights, copying A few, including Delta, are abandoning a fee that has
United Airlines’ move one Southwest and JetBlue, limit drawn particular scorn from
day earlier. seating, although American customers, consumer advo-
Southwest Airlines didn’t and United try to sell every cates and members of Con-
levy change fees to start seat. gress.
with, so Monday’s an- Delta and American said Airline shares fell on Mon-
nouncements mean that they have permanently day after United’s decision
the four biggest U.S. carri- eliminated change fees for and the expectation that
ers will have roughly similar all domestic flights for pre- other big airlines would be
policies. mium and most economy forced to ditch their change
Airlines are being battered fares except the lowest fare, fees too. Delta and United
by the coronavirus pan- called basic economy. both ended down 3.6%,
demic, as travel restrictions American said it will let American shed 4% and
and fear of contracting the all passengers fly standby Southwest retreated 3.2%.
virus are keeping travel- for earlier same-day flights Even without change fees,
ers at home. Normally in without charge beginning plenty of other fees will sur-
Several dozen mothballed Delta Air Lines jets are parked summer, 2 million or more Oct. 1. United is making vive.
on a closed runway at Kansas City International Airport on people pass through security that change on Jan. 1. Charges for checking a bag
Thursday, May 14, 2020 in Kansas City, Mo. checkpoints at U.S. airports Both carriers also extend- were greatly expanded more
Associated Press each day, but that number ed temporary waivers on than a decade ago. Many
hasn’t been above 900,000 change fees for domestic airlines also charge extra for
By DAVID KOENIG AP line travelers over the past since mid-March, the early and international flights, seat assignments, more leg-
Airlines Writer decade. days of the pandemic. so ditching the fees perma- room, priority boarding and
This could be the final Delta Air Lines and Ameri- To woo passengers, airlines nently won’t make much other perks, and they pro-
boarding call for the $200 can Airlines said Monday have required face masks difference to passengers vided a growing source of
ticket-change fee that has that they are dropping the and stepped up cleaning of right away. But by doing so, revenue for airlines until the
enraged so many U.S. air- fee on most tickets for do- planes. United, Delta and American pandemic hit.q