AP Exclusive: Justice Dept dropping Flynn's criminal case

[demmiblue]

Source: AP

WASHINGTON (AP) — The Justice Department on Thursday said it is dropping the criminal case against President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for Trump and his supporters in attacking the FBI’s Russia investigation.

The move is a stunning reversal for one of the signature cases brought by special counsel Robert Mueller. It comes even though prosecutors for the last three years had maintained that Flynn had lied to the FBI about his conversations with the Russian ambassador in a January 2017 interview. Flynn himself admitted as much, and became a key cooperator for Mueller as he investigated ties between Russia and the 2016 Trump campaign.

In court documents being filed Thursday, the Justice Department said it is dropping the case “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information.” The documents were obtained by The Associated Press.

The Justice Department said it had concluded that Flynn’s interview by the FBI was “untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn” and that the interview on January 24, 2017 was “conducted without any legitimate investigative basis.”

Read more: https://apnews.com/ae1ad252bb13490db2ceffc5d17b6d92?utm_source=Twitter&utm_campaign=SocialFlow&utm_medium=AP

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Link to tweet

[Moostache]

1. So, will the last person who believes we still have rule of law turn out the lights?

This is a shamocracy now and has been for a long time.

I just have nothing left...it is beyond pathetic and a truly sad time for the planet and humanity.

[Botany]

2. America is dying

And Barr/Trump/Fox along with others are killing it in so many ways.

God Damn it Flynn was in on rigging our elections with Putin.

[not fooled]

8. And...

nice smirk, Jill.

[riversedge]

14. Lady Justice is crying.

[Firestorm49]

3. Justice? We don't need no stinking justice! Welcome to Amerika.

[mahatmakanejeeves]

4. Per Jennifer Hayden: "How do you drop a case in which the defendant already [pleaded] guilty?" NT

[leftieNanner]

39. Ask Judge Sullivan

He may not be so quick to let Flynn skate. The case is still in Sullivan's court.

[Bayard]

50. That's right

So, I wonder how that would work if Sullivan still wants to make an example of him? Isn't he the one that called Flynn a traitor, among other things?

[leftieNanner]

51. We shall see

And yes, he called him a traitor. Too bad Sullivan didn't sentence him THEN!

[former9thward]

52. He is the one who apologized to Flynn for making that remark...

The judge later backtracked, as a prosecutor said Flynn stopped acting as a foreign agent in mid-November 2016. Sullivan apologized for his remarks, saying he “felt terrible,” reported CBS News correspondent Steven Portnoy.

https://www.marketwatch.com/story/arguably-you-sold-your-country-out-judge-tells-former-trump-adviser-flynn-2018-12-18

[dalton99a]

56. +1

[montanacowboy]

5. How Long before he is back at the WH?

nothing like warmed over Russian spies back at Pennsylvania Ave.

Jesus H Christ will it never end? This country is so far deep in shit it will never dig itself out.

[mahatmakanejeeves]

7. For his Medal of Freedom? I'll go with next week. NT

[MosheFeingold]

16. Flynn was investigated for a Logan Act violation

Not spying.

Specifically, they investigated whether he was negotiating with the Russians during the transition period (which would be his eventual job) prior to having authority to so do (as he was not yet a governmental official).

In the course of the investigation, it appears certain people in the FBI (who are Republicans, mind you) attempted to bait him into a lie -- which they succeeded in doing.

The feds aren't supposed to bait you into a crime. That's entrapment.

Hard cases make bad law. As much as I despise Flynn, letting this go is proper under the circumstances.

[mahatmakanejeeves]

60. Thanks for that insight. NT

[MosheFeingold]

63. I'm an old lawyer

Very old. So old I get pissed when there is federal overreach. Bit of an idealist, I suppose.

This was dirty pool, but it's not our problem. People forget this was all red-on-red fire. Comey (who screwed Hillary, remember), Mueheller, Flynn, etc. are all Republicans.

There was a massive fight between the more-sane Republicans (e.g., Comey) and the insane Trump people.

It was dirty as Hell.

Not. Our. Problem. Except that they damaged the very fabric of our government.

Just because the Bush wing of the Republicans were trying to take out the Trump wing of Republicans does not make the Bush wing our buddies. Screw them, too.

Flynn is far from an innocent man. But, on this, he was getting screwed over.

[sop]

6. We're just another third world country now, with unchecked corruption at the highest levels and

officials acting with complete impunity. Thanks Trump!

[cstanleytech]

10. Don't blame Trump. Blame the Republicans like Moscow Mitch.

[budkin]

9. This is OUTRAGEOUS!

Seriously, just raw, brazen corruption.

[thesquanderer]

11. So if the FBI doesn't have a good reason to question you, it's okay to lie to them?

That could be an interesting precedent.

[FBaggins]

22. Yes. That part is true

If you lie about the color of socks that you're wearing and just happen to be talking to an FBI agent... it isn't a crime.

[thesquanderer]

32. But if an FBI agent brings you in for questioning and asks you your sock color,

can you lie simply on the basis that he has no clearly legitimate reason to be asking you?

[Igel]

33. Does the agent have a reason for asking you?

Besides criticizing your choice in socks?

In other words, an agent sees the woman she thinks her husband's sleeping with talking to a suspect in a fraud case. The agent brings the woman in for questioning. While asking what her connection to the suspected fraudster is, the agent asks, "Are you sleeping with my husband?"--a question entirely unrelated to the case. The woman says "no", and a month later when there's good evidence that they *are* having an affair the agent files charges against the woman for lying about the affair.

Seems like a recipe for corruption and bias.

[thesquanderer]

44. But how can we leave it up to the person being questioned to determine whether...

...a question is relevant or okay to lie about? Rather than lie, maybe a better response would be to request that you have a lawyer present for the questioning, and let the lawyer object if need be, rather than taking it upon yourself to lie because you think it shouldn't matter.

[FBaggins]

58. Oh... that part is true enough

HE doesn't get to decide which questions he has to answer truthfully. He can always just shut up if there's a question that he doesn't want to answer.

But that isn't what is claimed in this case.

[FBaggins]

57. Yes

First... the FBI does not have the authority to just decide they want to the investigate you.

But yes... if they decide to ask you a question that is entirely unrelated to a well-predicated investigation... you could lie to them.

The relevant question is whether or not the questioning had an appropriate basis (because the lie is certainly related the topic they were there to ask about). IF the claim is correct that they were there to entrap him and had only a Logan Act theory to justify their questioning... then dropping the case is appropriate. But I’m not convinced that’s all they had.

[Fiendish Thingy]

12. Essentially a no-risk pardon from Trump nt

[Chainfire]

13. This is just showing us that the Republicans own the government

and are uninhibited in exercising their power. It is wrong to call it the Justice department any more.

[lastlib]

19. It's now the Department of Crony Protection...

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[VarryOn]

15. Wonder when his book deal will be announced...

you know there'll be one. Every scoundrel writes one!

[BarbD]

40. Speaking of book deals, where is John Bolton?

[VarryOn]

42. Good question! Not that I was going to buy it! nt

[lastlib]

17. "Now all the criminals in their coats and their ties..."

"...are free to drink martinis and watch the sun rise...."

--Bob Dylan, The Story of Hurricane

[BigmanPigman]

18. Does the SDNY have anything on him and can they still pursue

it they do?

[Elwood P Dowd]

20. That crook Barr now has control over SDNY.

The only thing they will pursue is stuff that might hurt Trump.

[BigmanPigman]

23. DAMN!

[machoneman]

21. Wow, this iS ballsy even for Trump. You can bet he leaned hard on Barr to drop....

..the charges so he can paint every aspect of the Russia investigation as invalid and crow about this as a re-election strategy. Now watch as Trumpy brings him back into the WH orbit darned quick and uses him as a campaign prop.

New President Biden MUST:

-reinstate the charges against Flynn immediately upon taking office.
-launch a criminal investigation into Barr's handling of this, the Russia probe and the Ukraine quid pro quo call.
-ask Speaker Pelosi and Senate Majority Leader Schumer to also launch parallel House/Senate investigations of these issues as well.
-ask the new Attorney General to empanel at least 3 grand juries to re-launch all aspects of the Mueller investigations against Trump and his cronies.

Get those evil bastards jail! Stat!

[Evolve Dammit]

24. Is Barr Roy Cohn resurrected?? He sure is filling the shoes.

[overleft]

30. This is the what the effing mob in charge does. They protect each other.

[CaptainTruth]

25. Now it's up to the judge, the one who asked if the govt considered charging Flynn with treason.

[link:

Link to tweet

?s=19|]

Regarding Barr’s Flynn antics, the only person that can vacate the plea agreement - a Court order - is Judge Emmet Sullivan. Let’s calm down and see what Judge Sullivan does. Flynn’s not out of the woods yet.



[link:

Link to tweet

?s=19|]


The only person I care about having anything to say about this is Judge Emmet Sullivan. He’s the only ones who has the power to vacate his order approving the plea agreement.

[NBachers]

26. Manafort & Stone next

[djacq]

27. Ahmaud Arbery lynched but Flynn can lie to FBI?

Why is any of this okay!?

What justice is this!?

[Hassler]

28. When Judge Sullivan ignores dis-Barr, POUTS will

Use it as his excuse to pardon Flynn.

[NewJeffCT]

29. The Court needs to accept the DOJ withdrawal

Link to tweet

?s=20

[Paladin]

31. Why should we believe this administration will allow elections in Nov.?

It's increasingly obvious that trump will do ANYTHING to stay in power, and that Barr will do ANYTHING to make it happen---U.S. Constitution be damned.

And we can't even have public demonstrations now, thanks to the trump-enabled plague. Whence cometh our deliverance?

[Lock him up.]

36. The States *together* manage Federal Elections, not the Executive Branch.

The mandated Electors (who screwd up last time, mind you) elect the Pres./VP.

[Paladin]

61. In the OLD U.S.A. (nt)

[Thekaspervote]

48. Dotard has no choice but to let the elections go forward

The Constitution clearly states that his 4 yr term is up on 1/20/2021 at noon, including pence boy. the speaker of the house becomes the the interim president

[Paladin]

62. In the OLD U.S.A. (nt)

[Grins]

34. Mr. Mueller? Time for you to stand up...

Skip the niceties about the process and the role of Congress. We are now well beyond that point.

[JohnnyRingo]

49. Amen

He's known as one of the bravest and most ethical justice minded officers. What's he doing, binging on Netflix?

[keithbvadu2]

35. It's good to have friends

[Gothmog]

37. Hopefully the judge will hold hearings on this motion

Link to tweet

?s=20

[hotrod0808]

38. I don't ever want to hear or read

the words of one single fucking Republican about the rule of law again. They abdicated their responsibilities to the rule of law forever. It is up to us regular citizens to call them out on every platform, every media opportunity, and in public for the rest of their miserable fucking lives. They should never be able to enjoy a walk or a meal in public again. Fuck these assholes forever.

[tiredtoo]

41. republicans tying up lose ends prior to getting their asses booted out.EOM

[rdking647]

43. this is why the dems HAVE to win come november

toss out every trump lackey in the DOJ
and then prosecute flynn and all the trump cronies

lock each and everyone of them up for life,starting with Barr

[rockfordfile]

45. How un-American

[Sneederbunk]

46. For starters Judge could demand Barr appear in court to explain himself.

[Ohioboy]

47. If we survive the Trump administration maybe we should change how US AGs get their jobs

For example, allowing the POTUS to appoint the Attorney General can lead to a lawless administration. The proof is Trump. Under this sham of a presidency, the AG serves as a president's personal "fixer", not what the founders would have wanted.

[C_U_L8R]

53. Can President Biden's Justice Dept reprosecute?

Tried googling and it seemed there have been cases where the prosecutors dropped a case, only to retry it later. Not a legal person here, just curious about Barr dropping charges. Why not just go for the pardon?

[wishstar]

55. If Judge Sullivan lets Flynn withdraw guilty plea, Flynn is no longer a felon

but if Trump pardoned him while guilty plea still stands, Flynn would remain technically a criminal felon with legal ramifications and stigma remaining.

One of justifications for a judge to not allow someone to withdraw their guilty plea is that it could be disadvantageous if they would therefore face a trial and longer sentence. Since DOJ withdrew charges they also removed an excuse of the judge to not allow the guilty plea to be withdraw in hopes that judge would feel compelled to allow Flynn to withdraw plea.

[FBaggins]

59. That's a tough one

There's no double jeopardy... so they could try (assuming the judge doesn't dismiss the case with prejudice) but they didn't just drop the case. DOJ formally "admitted" that they didn't have a justifiable predicate for the investigation in the first place AND Flynn now has Brady evidence showing that the FBI had decided to close the investigation well before the interview took place.

Without a guilty plea (which a new DOJ couldn't recreate), I don't see how they could succeed.

[rasputin1952]

54. Flynn came within a hair of committing treason

Every military individual knows the Code of Military Conduct. "aiding and abetting" an enemy is the only specific for treason; this is far deeper than that.

Every E-1up to 0-10 knows that discussing classified material, giving documents or statements is not just bad, it puts your friends, and everyone else in jeopardy.

Flynn pleaded guilty twice, working for Turkey, and lied to the FBI.

Barr has no shame, no dignity and no integrity.

The best recourse now, if possible, the to have the DOD or AF to produce charges and have a Court Martial.

This bastard is going to collect retirement, free medical care and a host of other privileges that even a shoplifter could not receive.

Barr...Keep it simple stupid: He pleaded guilty, therefore I would assess he IS guilty.