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Why the Michael Flynn case matters in the fight against IL corruption

Why the Michael Flynn case matters in the fight against IL corruption”

Flynn, a former head of the Defense Intelligence Agency (DIA) and former national security adviser to President Donald Trump, pleaded guilty in 2017 to one count of lying during an Federal Bureau of Investigation interview.

Fifteen Republican state attorneys general have filed a legal brief telling a federal judge they support the justice department's attempt to drop its case against former national security adviser Michael Flynn.

While Comey describes his probe of Flynn as "proceeding "by the book" after Obama repeatedly stresses he wants only a "by the book" investigation - both parties presumably hoping to avoid exactly the sequence of revelatory events that are now unfolding - recently-unsealed documents from the case against Flynn indicate the general was entrapped, with the FBI's goal being to "prosecute him or get him fired" with an ambush-style interview.

In an emergency petition, Flynn's lawyers asked that the U.S. Court of Appeals for the District of Columbia Circuit order District Judge Emmet Sullivan to grant a request by the U.S. Justice Department to dismiss the case.

The district court has no authority to adopt the role of prosecutor or change the issues in the case by inviting or appointing amici to perform the investigation or prosecution that the court deems appropriate. However, the final report on Russia's interference in the 2016 presidential election compiled by Former DOJ Special Counsel Robert Mueller said that Flynn's falsehoods materially harmed his investigation.

The department two weeks ago asked Sullivan to dismiss the case, but the judge days later signaled that he was inclined to take his time with the request. He also appointed retired judge John Gleeson to argue against dismissal and in favor of finding Flynn in criminal contempt of court, after Gleeson co-wrote an op-ed in the Washington Post arguing against dropping charges. "In truth, they were not", the filing said.

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"The level of communication is unusual", Comey tells Obama, according to Rice, hinting that the National Security Council should "potentially" avoid passing "sensitive information related to Russia" to Flynn. The request was filed after months of President Trump and his allies cheering Flynn on in his fight against the prosecutors.

In seeking the appeal court's intervention, Flynn is asking for it to issue a writ of mandamus, which has the effect of allowing him to leapfrog the normal appeals court process.

Flynn said he was filing it because he had "no alternative avenue of relief", while claiming he "already suffered an unimaginable ordeal at the hands of unscrupulous high-ranking Government officials and a three-year prosecution". It is FURTHER ORDERED that the Court schedules oral argument for July 16, 2020 at 11:00 AM in Courtroom 24A. Flynn pointed to comments the judge made when Flynn was supposed to be sentenced in 2018, and specifically the judge's accusations of treason that he later walked back.

Federal Rules of Criminal Procedure say the government can only dismiss charges "with leave of court".

Flynn's lawyers, led by former Texas prosecutor Sidney Powell, say that Sullivan has no authority in this instance to deny the DOJ motion to dismiss the case.



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