By Steve Neavling
ticklethewire.com
The Justice Department dropped its criminal case against Michael Flynn, President Trump’s former national security adviser, citing documents detailing how FBI officials planned to handle a January 2017 interview with Flynn.
The decision to recommend that a judge dismiss the case drew immediate criticism from legal experts and Democrats, who raised serious questions about the motivations of the DOJ and Attorney General William Barr.
Flynn pleaded guilty in 2017 to lying to the FBI about his contacts with a Russian diplomat and even cooperated with special counsel Robert Mueller’s investigation into ties between Russia and the 2016 Trump campaign.
In documents filed Thursday in federal court in Washington D.C., the Justice Department said, “The Government has concluded that the interview of Mr. Flynn was untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn,” NBC News reports.
“The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue,” the filing said.
The decision follows the release of an internal review into the handling of the case. Flynn’s lawyers claimed the review shows Flynn had been entrapped into lying when FBI agents interviewed him.
Trump applauded the DOJ’s recommendation.
“I didn’t know that was happening at this moment. I felt it was going to happen just by watching and seeing like everybody else does,” Trump told reporters in the Oval Office.
“He was an innocent man,” he said of Flynn. “He is a great gentleman.”
The move was “outrageous,” chairman of the House Judiciary Committee, Jerry Nadler, D-N.Y., said.
“The evidence against General Flynn is overwhelming. He pleaded guilty to lying to investigators. And now a politicized and thoroughly corrupt Department of Justice is going to let the President’s crony simply walk away,” Nadler said in a statement.
Former U.S. Attorney Barbara McQuade, who responded to the DOJ’s actions by saying “This is not justice,” urged Justice Department lawyers not to resign.
“DOJ lawyers of integrity will be tempted to resign over today’s motion to dismiss the Flynn case,” McQuade tweeted. “My advice is to please stay. We need you instead of those who might replace you.”
The recommendation still needs to be approved by Judge Emmet Sullivan.
