The criminal case against former White House National Security Advisor and General Michael Flynn has been dismissed after an order from the U.S. Court of Appeals for the District of Columbia.
WIN in General Flynn’s case.— Kerri Kupec DOJ (@KerriKupecDOJ) June 24, 2020
DC Circuit has ruled 2-1, instructing Judge Sullivan to grant DOJ’s motion to dismiss the case. ????????????????
Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!— Donald J. Trump (@realDonaldTrump) June 24, 2020
In May, nearly two months ago, the Department of Justice announced it would no longer pursue the case against Flynn after new information revealed an FBI set up against him. DOJ also argued the FBI didn't have a case and essentially made one up after coming up empty despite weeks of surveillance during the 2016 presidential transition period. Judge Emmitt Sullivan, who resided over the Flynn case, rejected DOJ's motion to dismiss and referred the decision the the appeals court.
“Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case. I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed," U.S. Attorney for the Eastern District of Missouri Jeffrey Jensen stated at the time.
From the motion to dismiss:
After a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information appended to the defendant’s supplemental pleadings, ECF Nos. 181, 188-190,1 the Government has concluded that the interview of Mr. Flynn was untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn—a no longer justifiably predicated investigation that the FBI had, in the Bureau’s own words, prepared to close because it had yielded an “absence of any derogatory information.” Ex. 1 at 4, FBI FD-1057 “Closing Communication” Jan. 4, 2017 (emphases added). 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. Moreover, we not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.
In December 2016 FBI agents moved to close an investigation on Flynn after finding no evidence of wrongdoing, but former FBI Intelligence Agent Peter Strzok demanded it be kept open. At the time, Strzok cited senior officials as the reason why.
On January 5, 2017, President Obama held a meeting in the Oval Office and asked whether Flynn should be "treated differently."
Weeks later, FBI agents showed up at the White House to interview Flynn and handwritten notes state, "What's our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?"
My grandson Travis...“and JUSTICE for ALL” ?????????? pic.twitter.com/IuOGugjOC3— General Flynn (@GenFlynn) May 7, 2020
This is a developing story, stay tuned for updates.