Appeals court orders charges dropped against ex-Trump aide Michael Flynn

In a victory for the White House, a US appeals court has ordered the dismissal of a criminal case against former Trump aide Michael Flynn.

A federal appeals court has ordered the dismissal of the criminal case against US President Donald Trump’s former national security adviser Michael Flynn. Picture: AP/Carolyn Kaster

The Washington appeals court has ordered false-statement charges against US President Donald Trump’s former national security Adviser Michael Flynn to be dropped, handing the White House a victory in a case that was central to the Russia meddling investigation.

The court endorsed Attorney-General Bill Barr’s extraordinary decision to drop the criminal charges against Mr Flynn, even after he had twice pleaded guilty to lying to FBI investigators, overruling a lower court judge who was ready to sentence him.

Attorney-General Barr’s May 7 decision to drop the charges sparked an open rift in the Justice Department, pitting him against the federal district court judge in the case, Emmet Sullivan, and the department’s own prosecutors.

The move, more than three years after Mr Flynn was first investigated over secret discussions he had with Russia’s envoy in Washington, drew allegations that Attorney-General Barr was doing Mr Trump’s political bidding.

The decision came just hours before two Justice Department officials were due to appear before a Congressional hearing to discuss politicisation of the Justice Department involving Attorney-General Barr in other cases, including the prosecution of longtime Trump associate Roger Stone.

The court decision regarding Mr Flynn is a win for the White House. Picture: Saul Loeb/AFP

After the court’s announcement in the Flynn case, Mr Trump, who had earlier hinted he could pardon the former Pentagon intelligence chief, tweeted the decision was “great”.

White House spokesperson Kayleigh McEnany said in a tweet it was a “victory for justice and truth.”

Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!

— Donald J. Trump (@realDonaldTrump) June 24, 2020

Attorney-General Barr’s decision to drop the Flynn case said the FBI’s original probe of the retired three star general – part of the sweeping counterintelligence investigation into Russian interference in the 2016 presidential election – had no “legitimate investigative basis”.

The case against Mr Flynn was a cornerstone of the sprawling 22-month investigation by Special Counsel Robert Mueller into Moscow’s meddling in the 2016 presidential election.

Mr Flynn drew attention for a number of contacts with Russia, including being paid tens of thousands of dollars the previous year to attend a banquet in Moscow for Russian media giant RT, where he sat next to President Vladimir Putin.

The probe ultimately focused on his secret talks in December 2016, before Mr Trump was inaugurated, with Russian ambassador Sergey Kislyak.

In multiple phone calls wiretapped by FBI spy hunters, Mr Flynn allegedly sought to cut political deals with Moscow for the incoming administration, deals which undermined the positions of the government of then-president Barack Obama.

On December 1, 2017, Mr Mueller announced a deal with Mr Flynn in which certain charges would be dropped and Mr Flynn would plead guilty on the lying charge and co-operate with the investigation of others.

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White House spokesperson Kayleigh McEnany described the decision as a “victory for justice and truth.”. Picture: Jim Watson/AFP

NEW APPEAL?

The appeals court decision overruling Judge Sullivan, was led by one of Mr Trump’s most controversial and conservative appointments, Neomi Rao, who wrote that the Justice Department has the discretion to drop its case, no matter how far advanced, and a judge is not empowered to overrule that discretion.

However, one of the three appeals court judges in the case dissented in the decision, effectively opening the door for Judge Sullivan to appeal the issue “en banc” to the entire appeals court.

The Flynn case was likely to become a focus in the House Judiciary Committee’s hearing on Wednesday into political interference in the Justice Department.

A former member of Mr Mueller’s team, Assistant US Attorney Aaron Zelinsky, said in prepared testimony that White House pressure was responsible for Attorney-General Barr’s decision to undermine his own prosecutors in another case by recommending a light sentence for Roger Stone.

Stone, who advised Mr Trump’s 2016 campaign, was convicted in November 2019 of lying to investigators and witness tampering.

“Roger Stone was being treated differently from any other defendant because of his relationship to the president,” Assistant Attorney Zelinsky wrote in testimony released before the hearing.