U.S. court orders dismissal of case against former Trump aide Michael Flynn

By Sarah N. Lynch

 

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/File Photo

 

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 the Justice Department a victory in the politically charged case.

 

Wednesday's ruling by a three-judge panel is likely to anger Democrats, who have accused Attorney General William Barr of improperly meddling in criminal cases to help benefit the Republican Trump's friends and political allies.

 

A source familiar with the matter told Reuters that Wednesday's ruling will likely be appealed to a larger panel of the federal appeals court.

Trump, who has signaled a possible pardon for Flynn, welcomed the ruling. "I’m very happy about General Flynn. He was treated horribly," Trump told reporters at the White House.

 

In the 2-1 decision, 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 Judge 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."

 

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

 

WILKINS DISSENTS

Judge Robert Wilkins, an Obama administration appointee, dissented.

 

He said the Justice Department's flip-flop on the case raised questions that merited further scrutiny by the District Court.

 

"In 2017, the then-Acting Attorney General told the Vice President that Flynn’s false statements 'posed a potential compromise situation for Flynn' with the Russians," Wilkins wrote. "Now, in a complete reversal, the government says none of this is true."

 

"This is no mere about-face; it is more akin to turning around an aircraft carrier."

 

After the Justice Department took the highly unusual step of seeking to abandon the case against Flynn, Sullivan appointed Gleeson to argue against the Justice Department's request.

 

He also asked Gleeson to weigh in on whether Sullivan should hold Flynn in contempt for lying when pleading guilty.

 

Sullivan has said he cannot serve as a "rubber stamp" and must carefully review the facts in this "unprecedented" request.

 

In the majority opinion on Wednesday, the appeals court called Sullivan's appointment of Gleeson "troubling," and said it was granting Flynn's petition to get the case dismissed to "prevent the judicial usurpation of executive power."

 

Gleeson had urged Sullivan to proceed with sentencing Flynn and accused the department of "gross abuse of prosecutorial power" in to "provide special treatment to a favored friend and political ally of the President of the United States."

 

Beth Wilkinson, a veteran Washington trial lawyer who argued the case on Judge Sullivan's behalf before the appeals court, declined to comment.

 

(Reporting by Sarah N. Lynch; additional reporting by Steve Holland and Mark Hosenball; Editing by Alistair Bell and Howard Goller)

 

-- © Copyright Reuters 2020-06-25

 

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42 minutes ago, webfact said:

Wednesday's ruling by a three-judge panel is likely to anger Democrats

 

Boo Hoo, your <deleted>ty charges aren't sticking. 

Hard to believe, but Trump's packing the court with extreme right-wing judges like Neomi Rao on the DC Circuit Court of Appeals has paid off for Trump and Flynn.  Rao holds the view, among others, that the president does not have to respond to any subpoena from Congress, for example.  In the Flynn case the two Republican judges have decided that Flynn should be allowed to walk away from his multiple guilty pleas.  It is possible that the Circuit Court will review that decision en banc, i.e. with all of the appellate judges participating, before it becomes final, but it's too early to know if that review will happen.

 

This is a black day for the American judiciary.

30 minutes ago, Mama Noodle said:

 

Boo Hoo, your <deleted>ty charges aren't sticking. 

Another trump low point the corruption of the justice department is a knife in the heart of our democracy imo it’s nothing to cheer about unless the cheering people are enemies of democracy and rule of law

It is clear there is still considerable concern regards Flynn's alleged criminal behaviour, the matter will likely come under further judicial scrutiny, have to wait and see what the final outcome will be. In the meantime trump has again interfered with the Rule of Law, another black mark on his ledger which hopefully will contribute to his removal from power in 11/20.

Edited June 24, 20206 yr by simple1

It was a frame-up operation from the get-go and Flynn needs to sue Biden, Obama and the rest of the cabal that tried to get him to turn on Trump. 

 

A great day for Justice and poor Michael Flynn! 

 

MAGA 

The fat lady is stil not singing...

 

Judge in Flynn case delays all proceedings after Circuit court order to dismiss charges

 

On Wednesday, according to Politico reporter Kyle Cheney, District Judge Emmet Sullivan, the judge presiding over the case of former National Security Adviser Michael Flynn, has issued an order delaying all proceedings in the matter.

 

This comes after a three-judge panel of the D.C. Court of Appeals, led by Trump-appointed Judge Neomi Rao, ordered Sullivan to comply with the Justice Department motion to dismiss the case.

 

According to Cheney, such a move could be in anticipation of an appeal or an en banc rehearing of the D.C. Circuit panel’s decision.

 

https://www.rawstory.com/2020/06/judge-in-flynn-case-delays-all-proceedings-after-circuit-court-order-to-dismiss-charges/

 

 

"Da boss sez he wants you should make this go away.  Capisce?

 

 

 

 

4 hours ago, Mama Noodle said:

 

Boo Hoo, your <deleted>ty charges aren't sticking. 

 

From the OP:

 

Quote

...Wednesday's ruling will likely be appealed to a larger panel of the federal appeals court.

1 minute ago, Morch said:

 

Good luck, brother.

Unattributed post removed

51 minutes ago, Mama Noodle said:

 

Good luck, brother.

 

Nothing to do with luck. On the whole, Team Trump doesn't do well in the courts. Cases are often a long drawn affair, so better to just wait and see before declaring more "Winning!".

Q anticipated this outcome weeks ago ????

5 hours ago, Tug said:

Another trump low point the corruption of the justice department is a knife in the heart of our democracy imo it’s nothing to cheer about unless the cheering people are enemies of democracy and rule of law

Now I really thought the USA was a republic.

No mentioning of why this decision was made or is this selective reporting.

New proof from Strzok's notes indicate that Obama and Biden were seriously involved.

The latest informed opinion I have found on the Circuit Court's writ of mandamus is that the trial judge, Judge Sullivan, has announced that he is suspending all further action in the Flynn case in his court while he appeals for a review en banc of Neomi Rao's opinion.  There are 12 or 13 appellate judges of the DC Circuit all of whom would be expected to participate in such a review and which could well overturn the current writ of madamus.

 

So, the fat lady will indeed be heard from.

6 hours ago, cmarshall said:

Hard to believe, but Trump's packing the court with extreme right-wing judges like Neomi Rao on the DC Circuit Court of Appeals has paid off for Trump and Flynn.  Rao holds the view, among others, that the president does not have to respond to any subpoena from Congress, for example.  In the Flynn case the two Republican judges have decided that Flynn should be allowed to walk away from his multiple guilty pleas.  It is possible that the Circuit Court will review that decision en banc, i.e. with all of the appellate judges participating, before it becomes final, but it's too early to know if that review will happen.

 

This is a black day for the American judiciary.

 

As opposed to the Democrats packing the court with extreme left wing judges when in power you mean?

 

That is the main problem with the US Justice system. It has been totally politicized. 

 

What the hell do you think Bill Clinton was discussing with the then AG on an airport runway just before the FBI declared there was no need to prosecute his wife? And this was under a Democrat POTUS of course.

 

This won't change unless all the Democrats supporters stop pretending their side is beyond reproach and doesn't do exactly the same. Bare faced lying, and hypocrisy, seem to be inherent in modern left wing political parties.

6 hours ago, Tug said:

Another trump low point the corruption of the justice department is a knife in the heart of our democracy imo it’s nothing to cheer about unless the cheering people are enemies of democracy and rule of law

He's a MAGA troll- don't feed The Beast! Must be all the e-numbers in those noodles.  ????

 

Instead of the swamp being drained its overflowing at the moment.

       When Trump and his cronies are finally kicked out of office, I can see a massif rise of Criminal Charges brought against the whole lot of them, Everything from Treason to Major Corruption.

8 hours ago, cmarshall said:

a black day for the American judiciary

It was a black day when the FBI entrapped Flynn. It was a black day when he drew politically motivated and biased Judge. 

 

It is a black day because the media continue to try and tie Trump to the meddling that Russia did in the election and people continue to believe it even though the Mueller investigation found no wrong doing by the Trump campaign. 

10 hours ago, cmarshall said:

Hard to believe, but Trump's packing the court with extreme right-wing judges like Neomi Rao on the DC Circuit Court of Appeals has paid off for Trump and Flynn.  Rao holds the view, among others, that the president does not have to respond to any subpoena from Congress, for example.  In the Flynn case the two Republican judges have decided that Flynn should be allowed to walk away from his multiple guilty pleas.  It is possible that the Circuit Court will review that decision en banc, i.e. with all of the appellate judges participating, before it becomes final, but it's too early to know if that review will happen.

 

This is a black day for the American judiciary.

A black day for American Judiciary? 55555555 the man was bullied into a guilty plea by an illegal FBI investigation, it was found that there was no any evidence of wrongdoing at any time, after an honest review by neutral investigators the DOJ ordered the case closed and you and others still maintain that somehow he is guilty of some nebulous offence? I don't have any "skin in the game" but this nonsense has to stop, leave the General alone!

15 minutes ago, TPI said:

A black day for American Judiciary? 55555555 the man was bullied into a guilty plea by an illegal FBI investigation, it was found that there was no any evidence of wrongdoing at any time, after an honest review by neutral investigators the DOJ ordered the case closed and you and others still maintain that somehow he is guilty of some nebulous offence? I don't have any "skin in the game" but this nonsense has to stop, leave the General alone!

Flynn is a traitor several times over and deserves serious jail time.  I expect Trump to pardon him after Nov. 3, but if the government's pending motion to dismiss the case of a convicted felon prior to sentencing is allowed to stand, then he could be prosecuted by a new Dept. of Justice after Jan 20, for the crimes to which he has pleaded guilty plus the crimes to which he has confessed, but for which he was not charged as part of his plea deal.  The minute Flynn tried to withdraw his guilty plea he violated the terms of his deal with DoJ enabling a future DoJ to charge him with everything.

 

I expect that Trump will pardon them all after Nov. 3 including Flynn, Manafort, Stone, and the lesser figures who remained loyal to Trump.  That's the way mob bosses operate.  

 

I certainly hope that Trump is vigorously prosecuted as well beginning next January, but it may be the NY Attorney General who undertakes that chore rather than the DoJ.

 

And I hope and expect a Democratic Congress and White House will expand the seats on the Supreme Court as well as the federal judiciary at the trial and appellate levels.  In addition, all the unqualified federal judges, including Kavanaugh, should be investigated by the FBI and when found to have perjured themselves during their confirmation hearings or otherwise, should be impeach, removed from office, and prosecuted.  

12 hours ago, cmarshall said:

Hard to believe, but Trump's packing the court with extreme right-wing judges like Neomi Rao on the DC Circuit Court of Appeals has paid off for Trump and Flynn.  Rao holds the view, among others, that the president does not have to respond to any subpoena from Congress, for example.  In the Flynn case the two Republican judges have decided that Flynn should be allowed to walk away from his multiple guilty pleas.  It is possible that the Circuit Court will review that decision en banc, i.e. with all of the appellate judges participating, before it becomes final, but it's too early to know if that review will happen.

 

This is a black day for the American judiciary.

"This is a black day for the American judiciary"

 

Democracy ,it ain't always pretty, you got a better idea! 

Its been almost two hundred and fifty years of some good  decisions and bad ones !

It makes me wonder if sully was shown  the original  302's ,in there entirety 

 

 

5 hours ago, AgMech Cowboy said:

It was a black day when the FBI entrapped Flynn. It was a black day when he drew politically motivated and biased Judge. 

 

It is a black day because the media continue to try and tie Trump to the meddling that Russia did in the election and people continue to believe it even though the Mueller investigation found no wrong doing by the Trump campaign. 

 

 

 What is the original sin here! Is it Flynn's lying or the cover up of Flynn's interview ,which all came about from requesting  those notes of the (so called  career professionals in the fbi) , that took two years to get!

I guess comey(recommended for prosecution) really thought he could stymie Trumps moves in those early years into getting all the evidence and acting on it,especially knowing Trump couldn't make a move until sessions was out(recuse) and muellers investigation was over,knowing Trump would be held for obstruction if he interceded by firing him!   

 

The obama admin , Doj  and intel have much to explain!  

Edited June 25, 20206 yr by riclag

23 hours ago, cmarshall said:

Hard to believe, but Trump's packing the court with extreme right-wing judges like Neomi Rao on the DC Circuit Court of Appeals has paid off for Trump and Flynn.  Rao holds the view, among others, that the president does not have to respond to any subpoena from Congress, for example.  In the Flynn case the two Republican judges have decided that Flynn should be allowed to walk away from his multiple guilty pleas.  It is possible that the Circuit Court will review that decision en banc, i.e. with all of the appellate judges participating, before it becomes final, but it's too early to know if that review will happen.

 

This is a black day for the American judiciary.

Has any president put enemies on the courts? Of course not.

Your view is pointless, IMO.

However, the US system of politically appointed judges is a crock of <deleted>, and judges should be appointed by a non political process.

58 minutes ago, thaibeachlovers said:

Has any president put enemies on the courts? Of course not.

Your view is pointless, IMO.

However, the US system of politically appointed judges is a crock of <deleted>, and judges should be appointed by a non political process.

And as we have seen, some appointments don't work out as hoped

After having been explained that I understood nothing about this case by Trumper quarterback lawyers, I tend now to think that I understood quite well. ???? 

 

Appeals court denies Michael Flynn and Justice Department's effort to end his case

https://edition.cnn.com/2020/08/31/politics/michael-flynn-court-case/index.html

25 minutes ago, candide said:

After having been explained that I understood nothing about this case by Trumper quarterback lawyers, I tend now to think that I understood quite well. ???? 

 

Appeals court denies Michael Flynn and Justice Department's effort to end his case

https://edition.cnn.com/2020/08/31/politics/michael-flynn-court-case/index.html

Yup they haven’t totally corrupted the justice system yet Many Are Getting Arrested MAGA LOL!

17 minutes ago, Tug said:

Yup they haven’t totally corrupted the justice system yet Many Are Getting Arrested MAGA LOL!

This time it was a full court decision: 8-2 (I guess the same 2 as in the previous decision by only 3 judges).

7 hours ago, candide said:

After having been explained that I understood nothing about this case by Trumper quarterback lawyers, I tend now to think that I understood quite well. ???? 

 

Appeals court denies Michael Flynn and Justice Department's effort to end his case

https://edition.cnn.com/2020/08/31/politics/michael-flynn-court-case/index.html

LOL.  I've personally witnessed corruption within the courts firsthand.  Go ahead and believe in "justice" as long as it favours your political persuasion.  Of course if it doesn't favour you (and I'm not talking about you here specifically, candide) then feel free to call out, in this instance William Barr, as a Trump henchman for dismissing the case.  Flip flop, flip flop . . . whatever suits the purpose.

 

I will guarantee that this case is going to the Supreme Court.  What is clear is that some people are absolutely desperate in silencing Flynn as he is not allowed to speak or write as long as this case is not settled.  Flynn knows too much.