In Re: General Michael Flynn
Today the DC Circuit Court held on an 8-2 decision that General Flynn could not require the Federal District Court judge to dismiss his case for perjury without first inquiring why the Justice Department was withdrawing its prosecution.
What’s this all about? Flynn was a major Trump supporter during the 2016 campaign and was appointed to the post of National Security Advisor by the President. After the Obama Administration imposed sanctions on the Russians for interfering in the 2016 presidential election, Flynn at the request of Trump went to the Russian Ambassador with a request that the Russians not over-react to the Obama sanctions as Trump would like to improve Russian-US relations. When questioned by the FBI, Flynn lied about his meeting(s) with the Russians. Trump then asked FBI Director James Comey to go easy on Flynn as he was a “good man”. Comey was subsequently fired by Trump because he declined to exonerate Trump in the FBI’s investigation of his collaboration with the Russians. This led to the appointment of Special Counsel Robert Mueller, and Trump’s impeachment in the House of Representatives.
When prosecuted by Special Counsel Robert Mueller, General Flynn pled guilty not just once but on two separate occasions for lying to the FBI. Attorney General Barr then sought to discontinue the prosecution before Flynn was sentenced. The Presiding Judge, Emmet Sullivan, asked the Justice Department to explain in writing why it had decided to discontinue the case against Flynn before he would decide whether it should be dismissed.
Flynn then sued for mandamus, an extraordinary writ, to direct that the case be dismissed with no further proceedings. He prevailed before the three judge panel, which held 2-1, that there was no reason or justification for any further proceedings, once Attorney General Barr had decided to withdraw the case. The DC Court of Appeals has now reversed that decision and the case will now go back to Judge Sullivan and the Justice Department will have to file a brief explaining its decisions to withdraw its case against General Flynn. I guess that “law and order” means one thing if you are a friend and supporter of the President and quite another if you are protesting the unprovoked killings of unarmed black men and women.
Prepared by: Lucien Wulsin
Dated: 8/31/20