Appeals Court Orders Judge to Approve Dismissal of Case Against Flynn

26 Juin, 2020, 17:03 | Auteur: Anatole Charbonneau
  • Appeals Court Orders Judge to Approve Dismissal of Case Against Flynn

It said it was granting Mr Flynn's petition to get the case dismissed to "prevent the judicial usurpation of executive power".

In seeking to have the case dismissed, the Justice Department said that the FBI had insufficient basis to question Flynn in the first place and that statements he made during the interview were not material to the broader counterintelligence investigation into ties between Russian Federation and the Trump campaign.

After only 24 days on the job, Flynn was dismissed by President Trump, who explained in a December 2017 tweet: "I had to fire General Flynn because he lied to the Vice President and the Federal Bureau of Investigation".

A senior DOJ official told Fox News the department is "pleased" by the appeals court decision in the Flynn case.

Judge can't probe DOJ's decision to drop... Of the 11 active judges on the D.C. Circuit Court, seven were appointed by former Presidents Bill Clinton and Barack Obama.

Soon after the opinion was released, President Donald Trump, who has for years bitterly defended his former adviser, tweeted: "Great!"

"On the record before the district court, there is no clear evidence contrary to the government's representations", Rao wrote, adding that Sullivan's arguments to further examine the case were "insufficient".

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In a majority ruling written by Judge Naomi Rao and joined by Judge Karen LeCraft Henderson, appointees of Presidents Trump and Bush 41, respectively, the court held that the executive branch has the constitutional power of prosecutorial discretion, including the authority to decide which cases to charge and whether to persist in charges once they've been brought. Though Sullivan has yet to issue his ruling, Flynn's attorneys filed an emergency appeal to the appellate court.

Rao said that such "inquiry" into the Justice Department's reasons for wanting to dismiss the case was not "justified". Wilkins argued, in part, that the appeals court overstepped its authority by ordering the district court to rule on a motion before giving the court time to issue its own ruling.

Flynn had pleaded guilty to lying to the Federal Bureau of Investigation about his conversations with Russia's ambassador to the U.S., Sergey Kislyak.

Others noted that the D.C. Circuit Court seemed to answer a question that was never asked in the first place, ignoring the true point of the appeal in the first place. The memo appeared to weigh the pros and cons of pursuing those different paths, while cautioning: "If we're seen as playing games, WH [White House] will be furious".

Aside from swiftly being ensnared in Special Counsel Robert Mueller's investigation in the fallout from that interview, Flynn was sacked from his prominent post as national security adviser in February 2017.

Director of National Intelligence John Ratcliffe made transcripts of those wiretapped calls between Flynn and Kislyak public earlier this month.

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