Kennedy, who is Trump's nominee to head the Department of Health and Human Services, is contesting the administration's attempts to expunge his anti-COVID-19 vaccine statements from social media platforms.
According to Newsweek, Flynn, who confessed in 2017 to lying to the FBI about his interactions with the Russian ambassador, was pardoned by Trump in November 2020, leading to the dismissal of the case against him. Flynn's involvement in the legal dispute was sanctioned on Wednesday by U.S. Circuit Judge Catharina Haynes, who granted him the right to submit an amicus brief in support of Kennedy. An amicus brief, an expert opinion submitted in court, generally favors one side in a legal dispute and requires judicial approval before being filed.
The legal dispute, presided over by the 5th U.S. Circuit Court of Appeals, was initiated by Kennedy and his Children's Health Defense against President Biden, Surgeon General Vivek Murthy, the Department of Health and Human Services, and White House press secretary Karine Jean-Pierre. Flynn, Kennedy, and the White House have been approached for comment via email outside of regular business hours.
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Judge Haynes also permitted several conservative and free speech organizations to submit amicus briefs in support of Kennedy. These groups include the Gun Owners of America, the Gun Owners Foundation, Gun Owners of California, the U.S. Constitutional Rights Legal Defense Fund, and the Conservative Legal Defense and Education Fund.
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This case is linked to another where Missouri and other Republican-leaning states are opposing the Biden administration's efforts to curb COVID-19 misinformation on Facebook and other social media platforms. In June, the Supreme Court ruled in a related case that the Republican states lacked the legal standing to file a case against the Biden administration.
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Following the Supreme Court's decision, a 5th Circuit panel sent Kennedy's case back to the district court to reassess the legal ramifications. Earlier this month, the 5th Circuit also determined that the plaintiffs lacked the legal standing to request a preliminary injunction against the Biden administration.
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Kennedy is currently appealing this decision. Flynn, along with the various conservative and free speech groups, has been granted the right to submit expert briefs in his favor.
Instagram announced in February 2021 that it was removing Kennedy from its site due to his unverified claims about COVID-19 vaccines. Facebook, Instagram's parent company, had previously announced that it was intensifying its efforts to combat COVID-19 misinformation.
