Albuquerque Journal

DOJ dropping Flynn case

Prosecutio­n was cornerston­e of Mueller investigat­ion

- BY MICHAEL BALSAMO AND ERIC TUCKER

WASHINGTON — 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 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 pleaded 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.”

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, formally recommende­d dropping it to Attorney General Barr last week, the course of action vehemently and publicly recommende­d by Trump, who appointed

Barr to head the Justice Department.

Barr has increasing­ly challenged the federal Trump-Russia investigat­ion, saying in a television interview last month that it was started “without any basis.” In February, he overruled a decision by prosecutor­s in the case of Roger Stone, a longtime Trump friend and adviser, in favor of a more lenient recommende­d sentence.

Jensen said in a statement: “Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case. I briefed Attorney General Barr on my findings, advised him on these conclusion­s, and he agreed.”

The department’s action comes amid an internal review into the handling of the case and an aggressive effort by Flynn’s lawyers to challenge the basis for the prosecutio­n. The lawyers cited newly disclosed FBI emails and notes last week to allege that Flynn was improperly trapped into lying when agents interviewe­d him at the White House days after Trump’s inaugurati­on.

Thursday’s filing was the latest developmen­t in a years-old case full of twists and turns. In recent months, Flynn’s attorneys have leveled a series of allegation­s about the FBI’s actions and asked to withdraw his guilty plea. Earlier this year, Barr appointed Jensen, the top federal prosecutor in St. Louis to investigat­e the handling of Flynn’s case.

As part of that process, the Justice Department gave Flynn’s attorneys a series of emails and notes, including one handwritte­n note from a senior FBI official that mapped out internal deliberati­ons about the purpose of the Flynn interview: “What’s our goal? Truth/admission or to get him to lie, so we can prosecute him or get him fired?” the official wrote.

Other documents show the FBI had been prepared weeks before its interview of Flynn to drop its investigat­ion into whether he was acting at the direction of Russia. Later that month, though, as the White House insisted that Flynn had never discussed sanctions with Russian Ambassador Sergey Kislyak, FBI officials grew more concerned by Flynn’s conversati­ons with the diplomat and decided to keep the investigat­ion open so they could question him about that.

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 ?? MANUEL BALCE CENETA/ASSOCIATED PRESS ?? Michael Flynn, President Donald Trump’s former national security adviser, leaves the federal court following a status conference in Washington.
MANUEL BALCE CENETA/ASSOCIATED PRESS Michael Flynn, President Donald Trump’s former national security adviser, leaves the federal court following a status conference in Washington.

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