The Justice Department wants a federal judge to be ordered to dismiss the Michael Flynn case
The Justice Department on Monday urged a federal Appeals Court to force a lower-court judge to dismiss the prosecution of President Donald Trump's former national security adviser Michael Flynn.
In a filing earlier Monday, lawyers representing Sullivan defended his handling of the Justice Department’s motion in part by noting a highly-unusual aspect of the government’s filing last month: both the career prosecutors handling the case declined to sign the motion. It was submitted with one sole signature, that of the acting U.S. Attorney installed in his post by Attorney General William Barr.
Sullivan’s brief filed Monday was the first and clearest window into his reasoning for rejecting the calls by Flynn and his allies to dismiss the case, even with Attorney General Bill Barr’s DOJ moving to drop it. DOJ, Sullivan noted, repeatedly affirmed for years that the evidence Flynn lied to the FBI was ironclad and crucial to the FBI’s investigation of Russian interference in the 2016 election. Its reversal, he said, regardless of the details provided in it, raises troubling questions.
“If Judge Sullivan’s decision is anything short of what the parties sought, this Court will have an opportunity to review it, without writing on a blank slate,” Sullivan’s attorney wrote. The charges against him stemmed from the FBI’s 2016 counterintelligence operation into several Trump campaign aides. Flynn was eyed for his visit to Moscow in 2015, part of a Russian-funded dinner at which he was seated next to President Vladimir Putin.
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