Tag: Michael Flynn

Judge Sullivan Will Seek Additional Hearing On Flynn Sentence

Last December, Judge Emmet Sullivan made clear what he thought about Michael Flynn’s claim of being “ambushed” by FBI investigators with a one-sentence ruling: “The court summarily disposes of Mr. Flynn’s arguments that the FBI conducted an ambush interview for the purpose of trapping him into making false statements.”

The idea that Flynn—who has pleaded guilty twice to lying in connection with his phone calls to the former Russian ambassador—was trapped has been ludicrous all along. Flynn is guilty—and of a lot more than he has been charged with in court. The trivial charges of perjury were supposed to be the former national security advisor’s slap-on-the-wrist exchange for providing information that kept both Flynn and his son from facing far more serious charges.

Flynn’s only hope for avoiding sentencing doesn’t lie with any legal claim. It’s with the White House, and with Attorney General William Barr’s effort to give Flynn a pardon without Trump having to dirty his pardon pen by withdrawing the case. Two weeks ago, a three-judge panel of the Washington, D.C. Court of Appeals shockingly went along with Barr and told Flynn to go home, grab a beer, and revel in the ability of Trump to run rampant over the law. But now Judge Sullivan has replied with a not-so-fast, sending the case back to the Washington, D.C. Court in full—where the outcome is likely to be considerably different. Continue reading.

Letter sent in ‘utmost confidentiality’ to Bill Barr set in motion intervention for Michael Flynn: report

AlterNet logoAccording to a report from the New York Times, a letter sent in secret to Attorney General Bill Barr asking him to intercede in the case of former Donald Trump aide Michael Flynn, set in motion a move by the Justice Department to force a judge to set aside Flynn’s guilty pleas.

The report notes that Flynn attorney Sidney Powell, who used her appearances on Fox News to get Donald Trump’s attention, sent off a letter over a year ago asking for Barr to appoint an outsider to look at the case that was already in the sentencing stage.

The Times reports, “Asking for ‘utmost confidentiality,’ Ms. Powell told Mr. Barr that the case against Mr. Flynn, the president’s former national security adviser who had pleaded guilty to lying to the F.B.I., smacked of ‘corruption of our beloved government institutions for what appears to be political purposes.’” Continue reading.

Michael Flynn, Barack Obama and Trump’s claims of ‘treason’

Washington Post logoOn Jan. 5, 2017, President Barack Obama received a briefing from intelligence officials in the Oval Office about the investigation into Russian efforts to influence the outcome of the 2016 election in favor of Donald Trump. When the briefing was over, he asked Vice President Joe Biden, FBI Director James B. Comey, Deputy Attorney General Sally Yates and national security adviser Susan E. Rice to stay behind for an additional discussion about incoming national security adviser Michael Flynn.

What happened next is the subject of intense speculation by President Trump’s supporters. Citing no specific evidence, Trump has claimed Obama engaged in “treason.”

In recent days, Flynn’s lawyers released notes, apparently taken by former FBI deputy assistant director Peter Strzok, about the meeting. The notes are cryptic — and Strzok’s lawyer told The Fact Checker that Strzok did not attend the meeting. So that means the notes may recount what someone else — perhaps Comey — told him about the meeting. Continue reading.

U.S. court orders dismissal of case against former Trump aide Michael Flynn

WASHINGTON, DC – A U.S. appeals court on Wednesday directed a federal judge to drop a criminal case against President Donald Trump’s former national security adviser Michael Flynn for lying to the FBI, handing the Justice Department a victory in the politically charged case.

Wednesday’s ruling by a three-judge panel is likely to anger Democrats, who have accused Attorney General William Barr of improperly meddling in criminal cases to help benefit the Republican Trump’s friends and political allies.

A source familiar with the matter told Reuters that Wednesday’s ruling will likely be appealed to a larger panel of the federal appeals court. Continue reading.

Court appears reluctant to order judge to immediately drop criminal case against Michael Flynn

Washington Post logoA federal appeals court in Washington expressed reluctance Friday to order a judge to immediately dismiss the criminal case against President Trump’s former national security adviser Michael Flynn, suggesting it will allow the judge to question whether the Justice Department’s decision to drop the prosecution is “in the public interest.”

Flynn, joined by the Justice Department, wants the appeals court to force U.S. District Judge Emmet G. Sullivan to quickly close the matter and put a stop to the judge’s examination of the retired three-star general’s politically charged case.

But Judges Karen Henderson and Robert Wilkins of the U.S. Court of Appeals for the D.C. Circuit seemed skeptical of Flynn’s argument that Sullivan cannot review the Justice Department’s abandonment last month of the long-running prosecution. Flynn pleaded guilty to lying to federal agents about his pre-inauguration contacts with Russia’s ambassador. Continue reading.

‘Gross abuse of prosecutorial power’: Court-appointed lawyer rebukes Barr’s handling of Flynn case

AlterNet logoA retired federal judge appointed to argue against the Department of Justice’s move to drop criminal charges against President Donald Trump’s former national security adviser Michael Flynn has recommended that the court proceed with sentencing.

He called the department’s request to drop the case “a gross abuse of prosecutorial power” in an attempt to “provide special treatment” to a “political ally of the president of the United States.”

“The Department of Justice has a solemn responsibility to prosecute this case — like every other case — without fear or favor, and to quote the department’s motto, solely ‘on behalf of justice,’” former federal judge John Gleeson wrote in a brief filed Wednesday. Continue reading.

New Transcript Shows Trump Adviser Michael Flynn Colluding With Russia in 2016

Michael Flynn, the former Trump national security adviser, pleaded guilty in federal court to the charge of lying to FBI officials about a conversation he had with the Russian ambassador. Flynn’s defenders have insisted his lie was innocent and immaterial.

Late Friday afternoon, the Trump administration released the transcript of that conversation. The timing itself does not indicate much confidence that the transcript would support Flynn’s interpretation (late Friday afternoons not being the customary time to drop favorable news stories). And indeed, the transcript makes Flynn’s call look even less innocent.

On December 29, 2016, President Obama announced economic sanctions against Russia to retaliate for its interference in the presidential elections. Flynn, Trump’s incoming national security adviser, quickly got on the phone with Russian ambassador Sergey Kislyak. When word of the phone call leaked, the administration announced that the call had merely served the purpose of touching base and exchanging pleasantries. “On Christmas Day, General Flynn reached out to the ambassador, sent him a text, and it said, you know, I want to wish you Merry Christmas and a Happy New Year, I look forward to touching base with you and working with you,” announced Press Secretary Sean Spicer. “The call centered around the logistics of setting up a call with the president of Russia and the president-elect after he was sworn in.” Continue reading.

Intel chief Ratcliffe declassifies transcripts of Flynn calls

The Hill logoDirector of National Intelligence John Ratcliffe on Friday announced that he has declassified the transcripts related to Michael Flynn’s conversations with a Russian diplomat during the presidential transition.

Ratcliffe, who was sworn in Tuesday, said it was his decision to declassify the documents relating to the former national security adviser in an effort to provide “transparency” while protecting sources and methods.

“As I stated throughout the confirmation process, transparency is vital to allowing the American people to have confidence in the Intelligence Community. As the Director of National Intelligence, it is my obligation to review declassification requests with the overarching priority of protecting sources and methods, while also providing transparency whenever possible,” Ratcliffe said in a statement. Continue reading.

Barr appoints Texas prosecutor to review Obama officials’ ‘unmasking’ requests

Washington Post logoAttorney General William P. Barr has appointed a U.S. attorney in Texas to scrutinize Obama-era officials who sought to identify anonymized names in government documents that turned out to be people connected to then-President-elect Trump, a Justice Department official said Wednesday.

In an interview with Fox News’s Sean Hannity, Justice Department spokeswoman Kerri Kupec said the attorney general had tasked John Bash, the U.S. attorney in the Western District of Texas, to examine the practice of “unmasking,” which many Republicans charge was abused by the previous administration to unfairly target people close to Trump.

“The attorney general determined that certain aspects of unmasking needed to be reviewed,” Kupec said. “We know that unmasking inherently isn’t wrong, but . . . can be problematic.” Continue reading.

Federal judge hires high-powered D.C. attorney to defend his actions in Flynn case

Washington Post logoThe federal judge who refused a Justice Department request to immediately drop the prosecution of former Trump adviser Michael Flynn has hired a high-profile trial lawyer to argue his reasons for investigating whether dismissing the case is legally or ethically appropriate.

In a rare step that adds to this criminal case’s already unusual path, U.S. District Judge Emmet G. Sullivan has retained Beth Wilkinson to represent him in defending his decision to a federal appeals court in Washington, according to a person familiar with the hire who spoke on the condition of anonymity because of the sensitivity of the matter. The U.S. District Court of Appeals for the District of Columbia Circuit is now examining the judge’s actions and the larger case against Flynn after lawyers for President Trump’s former national security adviser asked the court to force Sullivan to toss Flynn’s guilty plea.

Wilkinson, known for her top-notch legal skills and get-results style, is expected to file a notice with the court in the coming week about representing the judge. She declined to comment when reached Friday evening. Sullivan also declined to comment through his office. Continue reading.