A federal appeals court on Tuesday is considering whether former national security adviser Michael Flynn should have his case dismissed immediately because he shouldn’t have been interviewed by the FBI in the early days of the Trump administration and thus should never have pleaded guilty to lying, according to the DOJ’s reasoning.
The case has had countless twists since Flynn, a retired Army lieutenant general and top intelligence official, pleaded guilty almost three years ago to lying to the FBI about his talks with the then-Russian ambassador about approaches that would undermine Obama administration policy before Trump took office.
CNBC: Acting U.S. solicitor general suggests Barr had possible non-public information as reason for dropping Michael Flynn criminal case
— Josh Caplan (@joshdcaplan) August 11, 2020
It seems like Michael Flynn’s team are trying to get him thrown in jail with their incoherent arguments. I never heard anything like it. The DC Court of Appeals judge panel must be scratching their heads.
— Ricky Davila (@TheRickyDavila) August 11, 2020
There are good live-Tweet threads now on the Michael Flynn “en banc” argument.
My bottom line: this Court will reverse the original panel ruling (which ordered dismissal of charges, per DOJ’s wish) and send it back down to Judge Sullivan to consider whether to allow dismissal.
— Elie Honig (@eliehonig) August 11, 2020