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U.S. Appeals Court Orders Dismissal Of Criminal Case Against Michael Flynn

A U.S. appeals court on Wednesday directed a federal judge to drop a criminal case against President Donald Trump's former national security adviser Michael Flynn for lying to the FBI, handing a victory to the Justice Department and effectively ending the politically charged case.
 link to www.reuters.com

Politics
June 24, 2020 / 7:18 AM / Updated 10 minutes ago

U.S. appeals court orders dismissal of criminal case against Michael Flynn

Sarah N. Lynch

WASHINGTON (Reuters) - A U.S. appeals court on Wednesday directed a federal judge to drop a criminal case against President Donald Trump's former national security adviser Michael Flynn for lying to the FBI, handing a victory to the Justice Department and effectively ending the politically charged case.

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FILE PHOTO: Former U.S. national security adviser Michael Flynn departs U.S. District Court In Washington, U.S., December 18, 2018. REUTERS/Joshua Roberts
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In a split decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of Flynn and the Trump administration in preventing U.S. District Judge Emmet Sullivan from exercising his discretion on whether to grant the department's motion to clear Flynn, who twice pleaded guilty.

The ruling prevents Sullivan from hearing arguments at a July 16 hearing from retired judge John Gleeson, whom he appointed as a "friend of the court" to argue against dropping the case.

"In this case, the district court's actions will result in specific harms to the exercise of the executive branch's exclusive prosecutorial power," wrote Judge Neomi Rao, who was appointed by Trump.

"The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion," she added.

Judge Robert Wilkins, an Obama administration appointee, dissented.

Flynn, a retired Army lieutenant general, was one of several former Trump aides charged under former Special Counsel Robert Mueller's investigation that detailed Moscow's interference in the 2016 U.S. presidential election.

Flynn twice pleaded guilty to lying to the FBI about his conversations with Russia's then-ambassador, Sergey Kislyak.

He switched lawyers to pursue a new scorched-earth tactic that accused the FBI of entrapping him, and asked the judge to dismiss the charge.

Reporting by Sarah N. Lynch; Editing by Chizu Nomiyama and Alistair Bell

Peter Strzok notes from 1/4/17 released in Flynn case: 24.Jun.2020 09:01

Techno Fog

Discussion among Obama, Comey, Yates, Biden, and Susan Rice.

Biden: "Logan Act"

Obama: "Have the right people on" Flynn case.

Comey: The Flynn/Kislyak calls "appear legit." pic.twitter.com/20a3z46Z9Z
Techno Fog (@Techno_Fog) June 24, 2020
1/4/17 Transcript
1/4/17 Transcript
1/4/17 Notes
1/4/17 Notes

In 2014, Flynn Backed Agent Charging FBI Sex Bias 25.Jun.2020 16:33

Sara A. Carter & John Solomon

Circa News June 27, 2017

Flynn Backed Agent Charging FBI Sex Bias

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AP Photo/Alex Brandon
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There is evidence of bad blood simmering for a long time between FBI top brass and Michael Flynn. Two years before the bureau launched a criminal probe against the former Trump national security adviser, Flynn backed a decorated counterterrorism agent in her case accusing now-Deputy FBI Director Andrew McCabe and other top officials of sexual discrimination, according to documents and interviews.

From Circa News:

The FBI sought to block Flynn's support for the agent, asking a federal administrative law judge in May 2014 to keep Flynn and others from becoming a witness in her Equal Employment Opportunity Commission (EEOC) case, memos obtained by Circa show. Two years later, the FBI opened its inquiry of Flynn.

The EEOC case, which is still pending, was serious enough to require McCabe to submit to a sworn statement to investigators, the documents show.

The deputy director's testimony provided some of the strongest evidence in the case of possible retaliation, because he admitted the FBI opened an internal investigation into Gritz's personal conduct after learning the agent "had filed or intended to file" a sex discrimination complaint against her supervisors.

McCabe eventually became the bureau's No. 2 executive and emerged as a central player in the FBI's Russia election tampering investigation, putting him in a position to impact the criminal inquiry against Flynn.

Three FBI employees told Circa they personally witnessed McCabe make disparaging remarks about Flynn before and during the time the retired Army general emerged as a figure in the Russia case.


Glenn Greenwald on the Flynn case, government constraints 27.Jun.2020 12:36

The Hill

Glenn Greenwald: Sorting fact from fiction on Obamagate, Flynn investigations

96,370 views May 22, 2020

Co-Founding Editor of The Intercept, Glenn Greenwald, reveals the broad corruption in the Russiagate investigations.