The Justice Department's surprise motion Thursday to dismiss the case against former national security adviser Michael Flynn has left some legal experts puzzling over how the federal judge presiding over the years-long, politically fraught legal battle might respond.
Though Flynn had previously pleaded guilty twice in court to lying to FBI agents in a January 2017 interview at the White House about his conversations with former Russian Ambassador Sergey Kislyak, Shea said new evidence about the FBI's handling of the investigation at the time rendered its inquiry into Flynn illegitimate.
Former President Barack Obama, who previously had warned Trump not to hire Flynn, brought up his concerns about the dismissal of charges in a call with past members of his administration on Friday. "He's not going to act rashly, he's gonna take his time," said Rory Little, a former associate deputy attorney general and current law professor at UC Hastings."This is as sensitive a situation as he's confronted."
Gertner and others said a likely next step for Sullivan would be calling a conference of the DOJ and Flynn's defense team to press for more answers on Thursday's motion, especially after the case's former prosecutor who served in special counsel Robert Mueller's office, Brandon Van Grack, withdrew from the case hours before the DOJ's motion. No other career prosecutors from the U.S. attorneys office signed onto Shea's filing.
Little said while he wouldn't speculate Sullivan would take similar action to probe the Justice Department's conduct in the Flynn case, he said he could see Sullivan appointing some kind of amicus, or 'friend of the court,' to come in as an independent counsel to advise him on a path forward.
Source: Law Daily Report (lawdailyreport.net)
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