The federal judge overseeing the criminal case against former National Security Adviser Michael Flynn is refusing to drop the case against the retired Army lieutenant.
Earlier this month, the Department of Justice filed a motion to dismiss its criminal case against Flynn.
Judge Emmett G. Sullivan — who is overseeing the case — appointed a retired judge appointed by former President Bill Clinton to oversee a process so that “interested parties” can file amicus briefs to “weigh in” on the case.
Flynn’s lawyers have responded by asking an appeals court on Tuesday to intervene against the lower court judge who delayed the DOJ’s effort to dismiss its criminal case against Flynn.
“Sidney Powell, a former federal prosecutor who took over representation for Flynn last summer, filed a 44-page emergency petition for a writ of mandamus and a 93-page appendix, asking the U.S. Court of Appeals for the District of Columbia Circuit to tell Judge Emmet Sullivan to correct his decision to halt the DOJ motion to dismiss and to remove the judge from the case entirely,” the Washington Examiner reports.
“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. “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.”
“Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings,” the filing read.
Newly unsealed documents in Flynn’s case revealed FBI agents discussed the Army lieutenant general’s possible prosecution prior to interviewing him, leading Flynn’s lawyers to claim he was set up.
In the newly released documents, we learned that the FBI had drawn up paperwork to close the case against Flynn, but fired agent Peter Strzok made a last-minute move to keep it open.
Strzok was fired for sending countless anti-Trump text messages to Lisa Page, a former FBI lawyer with whom he was having an affair. Strzok played a critical role in going after Flynn, the new documents reveal.
Handwritten notes from the FBI — which were withheld from Flynn’s defense team for years — show that a key goal of the agents investigating Flynn was “to get him to lie so we can prosecute him or get him fired.”