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The Justice Department dropped its case against former national security adviser Michael Flynn

May 8, 2020, 01:04 IST
Business Insider
Michael Flynn.Jonathan Ernst/Reuters
  • The Justice Department dropped its case Thursday against former national security adviser Michael Flynn.
  • Flynn pleaded guilty in 2017 to one count of lying to the FBI during a January 24, 2017 interview.
  • But he later moved to withdraw his guilty plea after his lawyers accused the government of prosecutorial misconduct and entrapment during the interview.
  • The department said in its filing Thursday that it "is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not beleive Mr. Flynn's statements were material even if untrue."
  • Shortly before the department filed its motion, Brandon Van Grack, a prosecutor from Robert Mueller's team who was assigned to the Flynn case, withdrew as counsel for the government.
  • Visit Business Insider's homepage for more stories.
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The US Justice Department filed a motion Thursday to drop its case against former national security adviser Michael Flynn.

Flynn pleaded guilty 2017 to one count of lying to the FBI during a January 2017 interview as part of then special counsel Robert Mueller's investigation into Russia's interference in the 2016 election.

In an initial sentencing memo, prosecutors praised the former national security adviser and asked for little to no jail time, citing the "substantial assistance" he provided to not only the Russia probe, but separate, ongoing investigations.

However, Flynn shook up his legal team last June and his new defense lawyer, Sidney Powell, took a more combative stance, accusing the government of prosecutorial misconduct and entrapment.

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Specifically, Powell accused the FBI of manipulating official records of Flynn's January 2017 FBI interview in which he misled investigators. The Justice Department pushed back on Powell's accusations in a separate filing last year.

In Thursday's filing announcing it would drop the case, however, the department said it "is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not beleive Mr. Flynn's statements were material even if untrue."

"Moreover, we do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt," the filing said.

Shortly before the department filed its motion, Brandon Van Grack, a prosecutor from Mueller's team who was assigned to the Flynn case, withdrew as counsel for the government.

Thursday's development comes after the Justice Department turned over four pages of records to Flynn's legal team showing how the FBI debated handling his interview in early 2017.

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"If we're seen as playing games, WH will be furious," one page of the notes said. "Protect our institution by not playing games."

There was also some deliberation within the bureau about how to phrase questions to Flynn during the interview.

"What is our goal? Truth/admission, or to get him to lie, so we can prosecute him or get him fired?" the notes said.

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