The Flynn Case That Won’t Go Away

The Flynn Case That Won't Go Away

( – The assault on federal law and the Constitution continues in the Michael Flynn case, and this time it’s being upheld by the DC Circuit Court of Appeals. For whatever reason, the court system will not let the case against the former national security advisor go.

Last month, a three-judge panel of the court ruled 2-1 that DC District Court Judge Emmet Sullivan must dismiss the case against Flynn. However, he has refused to do that and instead petitioned the entire court for a ruling. The full court has now agreed to hear the case.

What’s at stake here is the rule of law.

In 2017, Flynn was entrapped by senior FBI officials and forced to admit that he lied. However, in 2019, the retired three-star general fired his legal team, hired a new one, and reversed his plea. Not soon after, the Department of Justice (DOJ) under Attorney General William Barr learned that protocols were violated that would make the case difficult to prove in front of a jury.

The following articles offer a detailed history of the Flynn case:

The FBI and Vice President Biden Purposely Sought to Get Flynn

Court documents released in May revealed that FBI investigators believed Flynn was not participating in any illegal activity by talking with the Russian ambassador. During this time, he was a member of Trump’s transition team in late 2016 and early 2017, and they closed the case. However, former FBI Director James Comey, Assistant FBI Director Andrew McCabe, and Special FBI Agent Peter Strzok had different plans.

More recently, it was learned that Comey told President Barack Obama and Vice President Joe Biden that Flynn’s calls to the Russian ambassador were “legit.” However, Biden raised the idea of charging Flynn under the Logan Act: a late 1700’s law that’s widely considered unconstitutional and has never been tried.

Comey wrongly sent FBI agents into the White House to investigate Flynn despite knowing he did nothing wrong. Comey, McCabe, Strzok, and Biden discussed other potential crimes to get Flynn before the start of the Trump Administration.

Sullivan Accuses DOJ of Doing Trump’s Bidding

As a result of the facts that came out, the DOJ, in coordination with Flynn and his legal team, decided to withdraw the case. Judge Sullivan didn’t like the DOJ’s decision. He also didn’t like Flynn, whom he accused of being unpatriotic in numerous instances. Therefore, Sullivan took it upon himself to order a hearing into the decision despite the fact he is a judge, not a prosecutor, and ordered another judge to oversee an investigation into the DOJ’s dismissal.

Sullivan is wrongly arguing the DOJ is doing a favor for President Trump. That sounds like a Democratic talking point. In essence, that was the position of Flynn’s legal team in front of the three-judge panel. They argued that Sullivan didn’t have standing as a judge who is supposed to be impartial, and therefore the request to dismiss should be honored.

The hearing is scheduled for August 11. The fact the full DC Circuit Court of Appeals agreed to hear the case doesn’t mean it will turn out any differently. However, what it does do is undermine the court when the obvious is right in front of them. Unfortunately, this looks more political than legal.

By Don Purdum, Freelance Contributor

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