The legal case against Michael Flynn should be completely dead.
However, Obama is going to ridiculous lengths to keep the case running.
A new development has Obama and William Barr going head-to-head.
Many serious cases have gotten thrown out because information was gathered in the wrong way.
A note shows that the FBI went into the interview with Michael Flynn hoping to entrap him in some way, and the interview 302 form looks as if it was tampered with.
There is no case against Michael Flynn.
No court could convict Flynn of lying to the FBI when the FBI was trying to entrap him.
When William Barr found the note, he immediately requested that the case against Flynn be dismissed.
However, Federal District Court Judge Emmet Sullivan is refusing to drop the case and is trying to just keep it going for no reason.
D.C. Circuit Court of Appeals took the unusual step of demanding that Sullivan respond by June 1 to Flynn’s petition to drop the charges.
June 1st has come and gone, and Judge Sullivan is claiming that he still needs more time.
“Sullivan’s motion, filed Monday by the high-powered attorney Sullivan hired shortly after the court’s order, asked the D.C. Court of Appeals not to force the judge to dismiss the case yet. Sullivan’s attorney, Beth Wilkinson, argued in the motion that the judge should have more time to determine whether to dismiss the case.” The Daily Wire reported.
This is ridiculous; Sullivan has already had weeks to consider the evidence.
The Justice Department filed the motion on May 7th to dismiss the case against Flynn.
His lawyer claimed, “If Judge Sullivan’s decision is anything short of what the parties sought, this court will have a chance to review it, without writing on a blank slate. There is no reason for this court to enter the fray now.”
It seems Sullivan is trying to stall the case when even members of the Democrats’ impeachment team have admitted that the case against Flynn is over.
The D.C. Court of Appeals will hear the oral arguments next week on Sullivan’s refusal to dismiss the case.
The Justice Department says that Sullivan “has no authority” to decide if a case is prosecuted or not.
The Justice Department says that Sullivan is trying to usurp power and has “a disturbing lack of appreciation of the court’s limited role.”
The fact that the case against Flynn has failed is a real blow to Democrats as “one of the signature cases brought by special counsel Robert Mueller,” as the Associated Press put it.
The fact that the case against Flynn failed shows how empty the Mueller report was.
Mueller had his investigation for two years and yet it wasn’t until William Barr looked at the case that the information that cleared Flynn was found.
Judge Sullivan is certainly acting in a way that lets Obama pretend it’s a travesty of justice that the case against Flynn is being dropped, but hopefully there will be real justice in the case soon.