Tomorrow morning, the full panel of 10 judges of the U.S. Court of Appeals for the D.C. Circuit will rehear the appeal of General Michael Flynn seeking to have District Court Judge Emmett Sullivan grant the Department of Justice’s motion to drop the charges against Gen. Flynn because of misconduct by FBI agents and government prosecutors for withholding evidence as well as for setting up Gen. Flynn in an FBI interview in January 2017 about his talks with Russian Ambassador Kislyak when there was no underlying criminal investigation to warrant the interview.
Contrary to the district court rules, Judge Sullivan had appointed a biased former prosecutor and judge as a “friend of the court” to advise him on whether he should grant the Justice Department’s motion to dismiss the charges. Flynn’s attorneys appealed Sullivan’s decision to the D.C. Circuit which ruled last month that Judge Sullivan should grant the motion since the Justice Department in the branch of government that decides prosecutorial decisions, not the courts. That decision was set aside when Judge Sullivan asked for and received a full court rehearing scheduled for tomorrow.
“This is just another example of how corrupt and biased Mueller prosecutors unfairly targeted Trump aides and associates to build a phony case of Russia collusion,” said Peter Flaherty, Chairman of the National Legal and Policy Center. “Gen. Flynn was unlawfully prosecuted and his case must be dismissed. Instead of prosecuting Flynn, Judge Sullivan should be demanding that the corrupt FBI agents, including Peter Strzok, should be brought to justice for their misconduct,” said Paul Kamenar, counsel for NLPC, who challenged the constitutionality of Special Counsel Mueller’s appointment and filed a misconduct complaint on behalf of NLPC against chief Mueller prosecutor Aaron Zelinsky with the Office of Professional Responsibility of the Justice Department for abusing the grand jury.