"This petition seeks an order directing the district court to grant the Justice Department'sMotion to Dismiss its criminal case against former National Security Advisor to President Trump, Lieutenant General Michael T. Flynn (Ret.)", Flynn's lawyers said.
President Donald Trump's former national security adviser Michael Flynn, who previously pleaded guilty to lying to the Federal Bureau of Investigation, asked a USA appeals court on Tuesday to force a judge to dismiss the criminal case against him as requested by the Justice Department.
While Comey describes his probe of Flynn as "proceeding "by the book" after Obama repeatedly stresses he wants only a "by the book" investigation - both parties presumably hoping to avoid exactly the sequence of revelatory events that are now unfolding - recently-unsealed documents from the case against Flynn indicate the general was entrapped, with the FBI's goal being to "prosecute him or get him fired" with an ambush-style interview.
The district court has no authority to adopt the role of prosecutor or change the issues in the case by inviting or appointing amici to perform the investigation or prosecution that the court deems appropriate.
This alleged evidence includes claims that "recently disclosed material" shows that former FBI Director James Comey violated "known protocols" in deliberately having his agents question Flynn on January 24, 2017 in order to "get [Flynn] to lie so we can prosecute him or get him fired", according to Flynn's request.
Flynn's filing is the latest twist in what has been an unprecedented set of developments in his case, which started out as a December 2017 plea deal with special counsel Robert Mueller's investigation.
A day later, he appointed as an amicus former federal Judge John Gleeson "to present arguments in opposition to the government's Motion to Dismiss" as well as to "address" whether the court should make the defense explain why "Flynn should not be held in criminal contempt for perjury".
"An innocent man has been the target of a vendetta by politically motivated officials at the highest level of the FBI", Flynn's lawyers wrote in the new filing.
The arrival of Associate Deputy Attorney General Michael Sherwin: "Attorney General William P. Barr has installed a new top deputy at the federal prosecutor's office in Washington, raising concerns that a key USA attorney's office handling multiple investigations that are of interest to President Trump is becoming further politicized".
In seeking the appeal court's intervention, Flynn is asking for it to issue a writ of mandamus, which has the effect of allowing him to leapfrog the normal appeals court process.
In Monday's filing, Gleeson said his brief would include "the constitutional validity of the court's authority to deny such a motion". "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".
Sullivan on Tuesday said he would hold an in-person oral argument in the case on July 16.
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