Justice Department drops case against ex-Trump adviser
President says former aide who admitted guilt was innocent all along
WASHINGTON—The Justice Department on Thursday said it is dropping the criminal case against U.S. President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI’s Trump-Russia investigation.
The action was a stunning reversal for one of the signature cases brought by special counsel Robert Mueller. It comes even though prosecutors for the past three years have maintained that Flynn lied to the FBI in a January 2017 interview about his conversations with the Russian ambassador.
Flynn himself admitted as much, pleading guilty before later asking to withdraw the plea, and he became a key cooperator for Mueller as the special counsel investigated ties between Russia and Trump’s 2016 political campaign.
Thursday’s action was swiftly embraced by Trump, who has relentlessly tweeted about the “outrageous” case and last week pronounced Flynn “exonerated.” It could also newly energize Trump supporters who have taken up the retired army lieutenant-general as a cause.
But it will also add to Democratic complaints that U.S. Attorney General William Barr is excessively loyal to the president, and could be a distraction for a Justice Department that for months has sought to focus on crimes arising from the coronavirus.
Shortly before the filing was submitted, Brandon Van Grack, a Mueller team member and veteran prosecutor on the case, withdrew from the prosecution, a possible sign of disagreement with the decision.
After the Flynn announcement, Trump declared that his former aide had been “an innocent man” all along. He accused Obama administration officials of targeting Flynn and said, “I hope that a big price is going to be paid.” At one point he went further, saying of the effort investigating Flynn: “It’s treason. It’s treason.”
In court documents filed Thursday, the Justice Department said that after reviewing newly disclosed information and other materials, it agreed with Flynn’s lawyers that his interview with the FBI should never have taken place because he had not had inappropriate contacts with Russians. The interview, the department said, was “conducted without any legitimate investigative basis.”
The U.S. attorney reviewing the Flynn case, Jeff Jensen, recommended dropping it to Barr last week, the course of action publicly recommended by Trump, who appointed Barr to head the Justice Department.