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Emmet Sullivan Judge Emmet Sullivan of the U.S. District Court for the District of Columbia. (Photo: Diego M. Radzinschi/ ALM)

Updated 12:45 p.m.

A federal appeals court said Thursday it would take up the U.S. Justice Department’s disputed move to drop the Michael Flynn prosecution, erasing a panel decision that said the trial judge had no choice but to dismiss the case against the former Trump national security adviser at the request of U.S. Attorney General William Barr.

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Mike Scarcella

Mike Scarcella is a senior editor in Washington on ALM Media's regulatory desk. Contact him at [email protected]. On Twitter: @MikeScarcella. Mike works on a slate of newsletters: Supreme Court Brief | Higher Law | Compliance Hot Spots | Labor of Law.

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C. Ryan Barber

C. Ryan Barber, based in Washington, covers government affairs and regulatory compliance. Contact him at [email protected]. On Twitter: @cryanbarber

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