Donald Trump’s most brazenly partisan judicial appointee has come through for the president once again.
On Wednesday, in a 2–1 decision, Judge Neomi Rao forced a district court to dismiss the prosecution of Michael Flynn. Rao’s opinion is an exercise in outcome-driven sophistry that barely pretends to be a judicial opinion. While gutting a vital check of executive misconduct, Rao whitewashed the Justice Department’s flagrantly political decision to drop charges against Flynn—hours before the House Judiciary Committee heard whistleblowers testify about political interference at the DOJ, including in Flynn’s case. Rao accused the district court of “unprecedented intrusions on individual liberty” simply because it dared to “prob[e] the government’s motives” for meddling in the prosecution of the president’s ally.
Wednesday’s decision by the U.S. Court of Appeals for the District of Columbia Circuit will almost certainly be appealed to the full court and possibly the Supreme Court after that. If upheld, Rao’s ruling will set a terrible legal precedent. But equally devastating are its broader, long-term implications for judicial independence.
The facts of the case are by now […]