The never-ending saga involving former National Security Adviser Michael Flynn has taken yet another shocking turn.
In late June, the United States Court of Appeals for District of Columbia Circuit ordered Judge Sullivan, who is overseeing Flynn’s case, to dismiss the case against the former Army lenient.
Sullivan is not only refusing to drop the case, he has officially asked for a rehearing by a full appeals court after a three-judge panel ordered him to accept the Justice Department’s motion to dismiss the case.
In other words: Sullivan is trying to go above the three-judge panel and wants another appeals court to rule that he does not have to drop the case against Flynn, The Washington Examiner reported.
It seems more than obvious to many that Sullivan wants Flynn to go to jail.
“The panel’s decision threatens to turn ordinary judicial process upside down,” Sullivan’s lawyer argued in a 69-page petition to the U.S. Court of Appeals for the D.C. Circuit on Thursday. “It is the district court’s job to consider and rule on pending motions, even ones that seem straightforward. This Court, if called upon, reviews those decisions — it does not preempt them. … And en banc review should be granted.”
Sullivan’s lawyer made three broad arguments on Thursday to convince the broader appeals court to listen to the case: first, that the appeals court panel “undermined” the appeal’s court’s “consistent interpretation of the mandamus standard by forcing the district court to grant a motion it had not yet resolved”; second, that the appeals panel “undercut Supreme Court and Circuit precedent in holding that the separation of powers precluded the district court from inquiring into the government’s [dismissal] motion”; and third, that the panel’s ruling “contravened Supreme Court and Circuit precedent in precluding the district court from appointing an amicus and scheduling a hearing.”
The saga continues.
The Department of Justice filed a motion nearly two months ago to dismiss its criminal case against Flynn following recently presented documents.
In the 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.”
FBI Director Christopher Wray also ordered an internal review of the bureau’s investigation that led to Flynn’s prosecution.
The probe ordered by Wray will “determine whether any current employees engaged in misconduct” in the investigation of Flynn and “evaluate any FBI policies, procedures or controls” that need to be changed, the agency said in a statement.