The federal judge overseeing the criminal case against former National Security Adviser Michael Flynn is refusing to drop the case against the retired Army lieutenant.
Earlier this month, the Department of Justice filed a motion to dismiss its criminal case against Flynn.
Barr said what Flynn did — speaking with a Russian ambassador and then not remembering verbatim what was discussed — was “not a crime,” suggesting he does not think Flynn should have ever been charged.
Judge Emmet G. Sullivan — who is overseeing the case — appointed a retired judge appointed by former President Bill Clinton to oversee a process whereby “interested parties” get to file amicus briefs to “weigh in” on the case.
Even more bizarre, John Gleeson — the Clinton judge — will get to argue against allowing the DOJ to drop the matter.
In response, the lawyers for Flynn asked an appeals court on Tuesday to intervene against the lower court judge who delayed the DOJ’s effort to dismiss its criminal case against Flynn.
“Sidney Powell, a former federal prosecutor who took over representation for Flynn last summer, filed a 44-page emergency petition for a writ of mandamus and a 93-page appendix, asking the U.S. Court of Appeals for the District of Columbia Circuit to tell Judge Emmet Sullivan to correct his decision to halt the DOJ motion to dismiss and to remove the judge from the case entirely,” the Washington Examiner reports.
“This petition seeks an order directing the district court to grant the Justice Department’s Motion to Dismiss its criminal case against former National Security Advisor to President Trump, Lieutenant General Michael T. Flynn (Ret.),” Flynn’s lawyers said. “The Government moved to dismiss the Information charging a violation of 18 U.S.C. §1001 after an internal review by United States Attorney Jeffrey Jensen unearthed stunning evidence of government misconduct and General Flynn’s innocence.”
“Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings,” the filing read.
It certainly appears the swamp is fighting back against Flynn.
Consider the major moves that have taken place just in recent weeks.
Two weeks ago, the DOJ filed its motion to dismiss the charges following newly released documents about the FBI’s handling of the Flynn case.
In the newly released documents, we learned that the FBI had drawn up paperwork to close the case against Flynn, but fired agent Peter Strzok made a last-minute move to keep it open.
Handwritten notes from the FBI — which were withheld from Flynn’s defense team for years — show that a key goal of the agents investigating Flynn was “to get him to lie so we can prosecute him or get him fired.”
House Intelligence Committee ranking Republican Rep. Devin Nunes also revealed over the weekend that the FBI’s original interview summary with Flynn is “missing.”
All of this seems pretty damning and sketchy, right?
Rather than allowing the charges to be dropped, Sullivan appoints a Clinton-era judge to present a case to the case about why Flynn should still be charged.
How insane is that? Does that sound like fair and blind justice?