Houston Chronicle

Justice Dept. tosses Flynn’s criminal case

U.S. attorney says illegitima­cy of probe renders any lying irrelevant, not illegal

- By Adam Goldman and Katie Benner

WASHINGTON — After an extraordin­ary public campaign by President Donald Trump and his allies, the Justice Department dropped its criminal case Thursday against Michael Flynn, Trump’s first national security adviser.

Flynn had previously pleaded guilty twice to lying to FBI agents about his conversati­ons with a Russian diplomat during the presidenti­al transition in late 2016.

The move was the latest example of Attorney General William Barr’s efforts to chisel away at the results of the Russia investigat­ion. Documents that Flynn’s lawyers cited as evidence of prosecutor­ial misconduct were turned over as part a review by an outside prosecutor whom Barr assigned to reexamine the case. Barr has cast doubt not only on some of the prosecutio­ns in the Russia investigat­ion but also on the premise itself, assigning another independen­t prosecutor to scrutinize its origins.

The decision for the gov

ernment to throw out a case after a defendant had already pleaded guilty was also highly unusual. It undoes what had been one of the first significan­t acts of the special counsel investigat­ion into possible ties between the Trump campaign and Russia’s 2016 election interferen­ce — the prosecutio­n of a retired top Army general turned national security adviser who pleaded guilty to lying to investigat­ors.

Though Trump fired Flynn weeks into his presidency for lying to Vice President Mike Pence about the conversati­ons with the diplomat, he has long complained that a corrupt few at the FBI mistreated Flynn and suggested he might pardon him. Law enforcemen­t officials moving to drop the charges took issue in a court filing with the questionin­g of Flynn in January 2017 as part of the Russia investigat­ion that Mueller later took over.

The questionin­g “was untethered to, and unjustifie­d by, the FBI’s counterint­elligence investigat­ion into Mr. Flynn,” the acting U.S. attorney in Washington, Timothy Shea, wrote in a motion to dismiss the charges. Prosecutor­s said that the case did not meet the legal standard that Flynn’s lies be “materially” relevant to the matter under investigat­ion.

“The government is not persuaded that the Jan. 24, 2017, interview was conducted with a legitimate investigat­ive basis and therefore does not believe Mr. Flynn’s statements were material even if untrue,” Shea wrote.

‘Thoroughly corrupt’

Democrats condemned the move. “A politicize­d and thoroughly corrupt Department of Justice is going to let the president’s crony simply walk away,” said Rep. Jerrold Nadler, DN.Y., the chairman of the House Judiciary Committee. “Americans are right to be furious and worried about the continued erosion of our rule of law.”

He said he would ask the Justice Department inspector general to investigat­e the dropped charges and work to secure Barr’s testimony before his committee as soon as possible.

In dropping the charges, law enforcemen­t officials abandoned the stance of prosecutor­s who had been on the case, who had argued that Flynn’s conversati­ons with the Russian ambassador to the United States at the time, Sergey I. Kislyak, “went to the heart” of the FBI investigat­ion.

‘An innocent man’

Trump told reporters Thursday that Flynn was “an innocent man” and accused Obama administra­tion officials of targeting him to try to “take down a president.” He angrily tore into his unnamed persecutor­s. “I hope a lot of people are going to pay a big price because they’re dishonest, crooked people,” Trump said. “They’re scum — and I say it a lot, they’re scum, they’re human scum. This should never have happened in this country.”

The Justice Department said that it did not brief the White House before it dropped the charges.

“I want to make sure that we restore confidence in the system,” Barr said in an interview with CBS News. “I believe that justice in this case requires dismissing the charges against General Flynn.”

When asked whether Flynn lied, Barr said that “people sometimes plead to things that turn out not to be crimes.”

Sidney Powell, Flynn’s lawyer, said on the Fox Business Network that she and her client were “relieved and gratified” that Barr withdrew the case. She called the decision “a restoratio­n of the rule of law.”

Flynn pleaded guilty in December 2017 to lying to the FBI about his conversati­ons with Kislyak during the presidenti­al transition. He had also entered a guilty plea a second time in 2018 at an aborted sentencing hearing. At the time, Flynn said he knew that lying to the FBI was a crime and accepted full responsibi­lity for what he had done.

It is now up to the federal judge in Washington overseeing the case, Emmet G. Sullivan, to decide whether to dismiss it and close off the possibilit­y that Flynn could be tried again for the same crime.

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