Justice Department Moves to Drop Flynn Prosecution

The Department of Justice (DOJ) is moving to drop its prosecution of former National Security Advisor Michael Flynn.

In a court filing on Thursday, the DOJ said it did not believe it could make the case that Flynn lied to investigators. Flynn had previously pleaded guilty to making false statements to the FBI, but earlier this year sought to withdraw his plea.

In its motion to drop the prosecution, the Justice Department said it made the decision “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information.”

“We do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt,” the department said.

The motion added, “The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue.”

It continued, “The Government has determined, pursuant to the Principles of Federal Prosecution and based on an extensive review and careful consideration of the circumstances, that continued prosecution of this case would not serve the interests of justice.”

News that the Justice Department was looking to drop the case came after a series of documents shed new light the government’s handling of the case against Flynn, as IJR reported.

Documents released on April 30, 2020, showed that the FBI was ready to close its case against Flynn on January 4, 2017.