Memo Torpedoes Flynn Case

Memo Torpedoes Flynn Case

( – President Trump scored a major win on Thursday when a campaign of legal harassment that’s dogged him since his election was dealt a crushing blow. The Justice Department moved to drop its case against the administration’s first National Security Advisor, General Michael Flynn. The Flynn case was, in many ways, the foundation for judicial activism against the president, and now it’s been shattered.


On Thursday morning, the Justice Department filed a motion to drop its ongoing case against Lieutenant-General Michael Flynn. The former National Security Advisor was forced to resign in the first weeks of the Trump administration due to allegations of collusion with Russia.

  • In December 2017, Gen. Flynn agreed to plead guilty to lying to the FBI as part of a deal with Special Counsel Robert Mueller. Sentencing was deferred repeatedly, though, with the last delay coming in November.
  • Since December 2018, Flynn has been arguing that FBI agents tricked him into making false statements. Last August, he filed a motion to hold his prosecutors in contempt, and in January, he attempted to withdraw his guilty plea. Days later, Attorney General Barr ordered an investigation into the Flynn case.
  • Last week, the DOJ unsealed documents revealing the motivations of the FBI agents who conducted the initial investigations into Flynn. These memos suggest agents deliberately maneuvered Flynn into making false statements so he could be used as a lever against the president.
  • Predictably, there was immediate outrage at these revelations, with President Trump immediately stating that Flynn was exonerated by what we now knew about the FBI’s behavior. The AG’s investigator, Jeff Jensen, recommended that the case be dropped – and says Barr agreed with him.
  • Early Thursday, the chief prosecutor on the Flynn case, Mueller ally Robert Van Grack, withdrew from the prosecution without giving any explanation for his decision.
  • Hours later, the DOJ filed its motion to drop its case against Flynn, stating the interview the whole case was based on was unjustified and “conducted without any legitimate investigative basis.”
  • The final decision on whether to drop the case rests with federal judge Emmet G Sullivan, who’s been overseeing it. However, it’s unlikely to proceed now that the DOJ has cut the legal justification out from under it.

With Flynn’s alleged misdeed out of the picture, the whole structure built on allegations of Trump-Russia collusion looks even shakier than before. AG Barr is already a skeptic, and the atrocious way Flynn has been treated will spur him towards dismantling the whole mess.

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