The three-judge panel on the DC Circuit Court of Appeals on Wednesday decided the trial judge, Sullivan, didn't have enough reason to question the DOJ's prosecution decisions in this case. They also said Sullivan having a third-party attorney weigh in on Flynn's case, the former judge John Gleeson, isn't needed anymore.

Sullivan "fails to justify the district court's unprecedented intrusions on individual liberty and the Executive's charging authority," DC appeals court Judge Neomi Rao, a Trump appointee, wrote in the majority opinion.

Appeals court Judge Robert Wilkins disagreed with the decision of Rao and Judge Karen Henderson to short-circuit the Flynn case in the trial court immediately. It's possible the case could continue on in future appeals, given how it is largely about the power of the judiciary, a weighty subject in a case other appeals court judges may take interest in.

This story is breaking and will be updated.