Finally, the court might reassign the matter to a different judge should it decide that Sullivan can no longer rule on the contentious case with impartiality. All of this is likely to come out in the hearing right? All rights reserved. The Justice Department made its request to drop the case on May 7, saying Flynn’s lies to the two agents weren’t “material” to the Russia probe and that he shouldn’t have been interviewed in the first place. Thank you for your support and love, I couldn’t do this without you! She was grilled by appellate judge Neomi Rao over her suggestion that the judicial rather than the executive branch should decide if a criminal case is in the public interest. "The attorney general, of course, sees this in the context of nonpublic information from other investigations," Wall said, adding that "it may be possible the Attorney General had before him information that he was not able to share with the court.". Legal Statement. ©2020 FOX News Network, LLC. Wilkinson: Govt answers these questions all the time. Am I wrong or is what is playing out here similar in vibes if not procedurally to what went down with Judge Shoob and Iraq-gate? Trump and his allies, Barr included, have commandeered the case as a vehicle to counterattack alleged "deep state" officials over accusations that federal agents acted improperly when they investigated counterintelligence threats in 2016. “I think it is an intrusive process and it is going to harm the executive,” Wall said under questioning by the judges. ", Though judges defer to prosecutors to make charging decisions for a number of reasons, McQuade said Wall's statement "sounds more like a specific fact that can't be shared.". Friday, June 12, 2020 9:30 A.M. USCA (Live-streaming) Judges Henderson, Wilkins, Rao Case no:20-5143 In re: Michael Flynn (15 minutes per side), If the video won’t play… click here: https://youtu.be/a15exlPAA3U, Flynn update – Amicus John Gleeson has filed his brief.Gleeson calls the DOJ Flynn dismissal “pretextual” and “a gross abuse of prosecutorial power.”Just what Judge Sullivan asked for.Full doc:https://t.co/y4VnqPHs7x pic.twitter.com/FgXwnR54Pj, Whoa. "It could be that [U.S. District Attorney] John Durham is investigating misconduct relating to the Flynn investigation, and he cannot publicly disclose it at this point. Please report rule-breaking comments to the special investigators. Judge Thomas Griffith focused on the part of the federal rule governing motions to dismiss, which states such motions may be granted “with leave of court.” Griffith asked if this is merely a “ministerial” provision. “We can’t ignore that it’s playing out in a politicized environment” with allegations that Barr and Trump “engaged in grave misconduct.”. Advertisement: He was about to be sentenced when he withdrew his plea. Powell cited the case of U.S. v. Fokker as D.C. Flynn pleaded guilty on two occasions to lying to the FBI about his contacts with former Russian ambassador Sergei Kislyak ahead of Trump's inauguration. Associated Press articles: Copyright © 2016 The Associated Press. As Attorney General, William Barr used every advantageous avenue available to prevent the bagman’s trial from revealing the involvement of anyone in the Executive branch. ABOUT | CONTACT | SUPPORT | COMMENT POLICY | PRIVACY POLICY | LOGIN, https://www.emptywheel.net/wp-content/uploads/2017/12/michael-flynn.jpg, https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png, Jeff Wall Admits that Any Scrutiny of DOJ’s Motion to Dismiss Flynn Prosecution Will Cause Irreparable Harm to Bill Barr, Every Democratic congress person should be on the zoom with TV and news media in their district demanding the Rs de…, Lol, even Kelner is harshing on Trump’s nonsense, Manchin can't even wait for Biden to be sworn in, he's got to curry favor with the GOP.