A federal appeals court on Wednesday ordered a lower court to allow the case against former National Security Adviser Michael Flynn to be dismissed, as requested by the Justice Department – signaling justice is underway after Flynn was framed.
The decision came in a 2-1 ruling and order from judges on the U.S. Court of Appeals for the District of Columbia.
Wednesday’s court order was direct, ordering “that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s … motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date.”
President Trump cheered the decision Wednesday morning, tweeting: “Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!”
A senior DOJ official noted the department is pleased by the appeals court decision in the Flynn case. The accompanying decision essentially backed federal prosecutors in their move to drop the case.
” In this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power. The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority,” Judge Neomi Rao, a Trump appointee, wrote in the decision.
Democrats, meanwhile, have slammed the DOJ decision and cited it as an example of the department becoming politicized under Attorney General Bill Barr.
The Justice Department last month made the surprising — yet warranted — move to drop its case against Flynn “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information,” according to the department.
The handwritten notes – which the FBI’s former head of counterintelligence Bill Priestap penned after a meeting with then-FBI Director James Comey and then-FBI Deputy Director Andrew McCabe – showed officials discussing the fateful January 2017 interview in advance. They apparently discussed various options, including getting Flynn “to admit to breaking the Logan Act” when he spoke to former Russian Ambassador Sergey Kislyak during the presidential transition period.
“What is our goal?” one of the notes read. “Truth/Admission or to get him to lie, so we can prosecute him or get him fired?”
Another note read, “If we get him to admit to breaking the Logan Act, give facts to DOJ + have them decide.” The memo appeared to weigh the pros and cons of pursuing those different paths, while cautioning: “If we’re seen as playing games, WH [White House] will be furious.”
Flynn dialed into Rush Limbaugh’s radio show Wednesday, breaking his silence on the case, and calling the decision a “good thing” for him and his family, but “a great boost of confidence” for the American people and “our justice system,” while touting his lawyer Sidney Powell as a “terrific lawyer” and “the American guardian of justice.”
Lt. Gen. Michael Flynn’s attorney, Sidney Powell told Breitbart News that the “rule of law” prevailed after an Appeals Court ordered a lower court to grant a request by the Department of Justice to drop its case against the former National Security Adviser.
Powell told Breitbart News she is “Delighted to see the Rule of Law work. The Court of Appeals decision is consistent with every other court that has addressed these issues.”
She continued, “We appreciate the Integrity and professionalism of the Department of Justice that produced the exculpatory evidence that has been hidden for years, and the prosecutors stepping forward to dismiss a case that never should have been brought.”
“We trust that Judge Sullivan will follow the law and quickly enter the order of dismissal,” Powell said.