Flynn’s lawyers filed a petition Tuesday with the D.C. Circuit Court of Appeals asking it to grant the Justice Department’s motion to abandon the case
Lawyers for former Trump national security adviser Michael Flynn are mounting an unusual and aggressive bid to get a federal appeals court to shut down his prosecution despite efforts by the federal judge assigned the case to solicit outside advice on whether it should proceed.Tuesday with the D.C. Circuit Court of Appeals asking it to grant the Justice Department’s motion to abandon the case.Flynn’s lawyers also accused U.S.
Flynn’s filing—known as a “mandamus” petition—faces a high legal hurdle. Unlike a traditional appeal, Flynn’s defense must show that he has an indisputable right to relief from Sullivan’s orders. Attorney General Bill Barr decided earlier this month to seek to abandon the prosecution. He said a review of the case by a prosecutor he appointed found that the FBI had no legitimate legal basis to interview Flynn four days after President Donald Trump’s inauguration. In that interview, Flynn denied or said he could not recall any substantive conversations with the Russian ambassador to the U.S, Sergey Kislyak.
“Having risked his life in service to his country, he has found himself the target of a political vendetta designed to strip him of his honor and savings, and to deprive the President of his advice. He has been dragged through the mud and forced, through coercion and the artful withholding of information crucial to his defense, to confess to a crime he did not commit—indeed, to a crime that could not exist,” Powell added.
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