General Flynn’s Prosecution Continues

Flynn’s present situation is limbo.  The Department of Justice initiated a special review of General Flynn’s recorded telephone conversations with Russian Ambassador Kislyak, unmasking of Flynn by Obama-White House officers and other high-level Democratic operatives, Special Counsel Mueller’s investigation of Flynn, investigation by the FBI subsequent to Special Counsel’s referral, Justice Department prosecution of the FBI’s case in court up to the stage of sentencing.  Next, a special investigation of Flynn’s entire case by DOJ found the FBI’s first predicating interview was so tainted as to be untethered to and unjustified as a legitimate investigative basis for prosecution, and it was worsened by subsequent FBI actions in the prosecution stage.  In other words, the case against General Flynn was a miscarriage of justice from its beginning.  For a more complete review of this predicate, see “General Flynn’s first Prosecution” One-Page Essay dated June 15.

On May 7, the Department of Justice announced it had dropped its prosecution of General Flynn and forwarded appropriate paperwork to Judge Sullivan for his approval.  On May 8, The Washington Post headline read “Justice Dept. moves to drop case against Flynn” and on the front page the first and last columns presented news and opinion, such as:  Sen. Blumenthal states, in a matter of fact voice, the DOJ reached “a naked political end” and Rep. Nadler predicted “furious public outcry.” Column one’s news included that, a key prosecutor withdrew from the case, and further stated, “A chorus of former federal prosecutors and FBI officials decried the move, saying the Justice Department had caved to years of pressure from Trump and provided Flynn an outcome not applicable to an ordinary defendant.”  (If Flynn was an ordinary defendant, it must really be hell for “bad” one!) In the meantime Judge Sullivan has set July 16 to weigh the “unusual” request, and has appointed a retired New York District Judge to advise him, and solicited amicus briefs from experts. 

As I am writing this essay, I am also reading about the Senate Judiciary hearing’s first witness called on June 17, Rod Rosenstein.  He became Deputy Attorney General when then-Attorney General Jeff Sessions recused himself on all things Russia.  That put Rosenstein in charge of all Russia matters. The Judiciary Committee learned that FBI Director James Comey and later Acting FBI Director Andrew McCabe withheld from their supervisor nearly every relevant detail of every part of the FBI’s work with the Mueller investigation and even such matters as the fakeness of the Steele Dossier and Clinton payment therefor, Comey’s rogue investigations and leaks, and most of what was alleged in the prosecution of General Flynn.  It is little wonder that Flynn was cleared when new Attorney General Barr succeeded recused Attorney General Sessions.  

It is said by other sources that when the prosecution drops a case, it is obliged to be accepted by the judge:  The general rule is prosecutors prosecute and judges judge.  When Judge Sullivan gets informed about the matters presented by DOJ, I expect he will recall a similar miscarriage of justice that he presided over. Then-Senator Ted Stevens was criminally prosecuted by DOJ and convicted in Sullivan’s court of concocted charges a month before his reelection date.  He lost by a slim margin. Ultimately, Judge Sullivan learned the truth.  The prosecutors were publicly scolded and Stevens’ conviction was dismissed.  It is ironic, “lightning strikes twice” in the same judge’s court.                                                                                          June 20, 2020