Michael Flynn's lawyers file petition to force judge to dismiss charges

Open this

"This petition seeks an order directing the district court to grant the Justice Department's Motion 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.



Latest news

These are the astronauts SpaceX will launch in its first manned mission
Crew Dragon is created to carry seven passengers but will only carry a max of four astronauts while flying NASA missions. The capsule also features a sci-fi futuristic look with new control panels that will be exclusively touch screen.

Google Search app gets dark mode
Dark mode inverts the UI on the phone from dark text on a white background to white text on a dark background. With this new addition, this leaves Maps as another prominent Google app that hasn't yet gotten the mode.

Gilbert Arenas wins $300K in lottery after encounter with homeless man
Arenas ended his story, saying, "I've given back to the homeless, but was never blessed by one". While there he was approached by a man who asked him if he had any change.

New Space Force Trailer Reveals Ineptitude Behind Mission
Netflix's new trailer for Space Force is essentially an extended version of the recently released teaser . The series will be led by Golden Globe victor Steve Carell ( The Office ) as General Mark R.

Apple acquires virtual reality specialist NextVR
Apple's new planned NEXTVR acquisition first appeared in April, but it appears that the purchase was not completed until recently. Apple has declined to disclose the amount of the deal, whereas 9to5Mac estimates the acquisition was worth $ 100 million .

Other news