Michael Flynn case: Oral arguments set on motion to dismiss case

Oral arguments in the Justice Department’s motion to compel the federal judge to dismiss the case against Michael Flynn have been set for June 12 before the U. S. Court of Appeals for Washington, D.C.

The three-judge panel hearing the case will consist of judges appointed by Presidents George H. W. Bush, Obama and Trump.

On May 7 the DOJ moved to drop its case against the former national security adviser, in a stunning development that came after internal memos were released raising serious questions about the nature of the investigation that led to Flynn’s late 2017 guilty plea of lying to the FBI.

The announcement came in a court filing "after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information," as the department put it. DOJ officials said they concluded that Flynn's interview by the FBI was "untethered to, and unjustified by, the FBI's counterintelligence investigation into Mr. Flynn" and that the interview was "conducted without any legitimate investigative basis."

The retired Army lieutenant general for months has been trying to withdraw his plea, aided by a new attorney aggressively challenging the prosecution’s case and conduct. But, the case has been plodding through the court system with no resolution ever since his original plea, even amid speculation about whether President Trump himself could extend a pardon.

Breadcrumbs were being dropped in the days preceding the decision that his case could be reconsidered. Documents unsealed a week ago by the Justice Department revealed agents discussed their mo... (Read more)

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