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End Of Flynn Case? D.C. Circuit Court Sides With DOJ to Dismiss

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Michael Flynn
Donald Trump's former top advisor Michael Flynn pleaded guilty Friday to lying over his contacts with Russia, in a dramatic escalation of the FBI's probe into possible collusion between the Trump campaign and Moscow. The fourth, and most senior, figure indicted so far in the investigation into Russian interference in last year's election, Flynn appeared in federal court in Washington for a plea hearing less than two hours after the charges against him were made public.Ex-Trump aide Flynn says he recognizes his actions 'were wrong'. / AFP PHOTO / Brendan Smialowski (Photo credit should read BRENDAN SMIALOWSKI/AFP via Getty Images)

Early today, an order to end the case against former national security adviser Michael Flynn. The D.C. Circuit Court of Appeals gave its opinion today, which reads “The District Court is directed to grant the government’s…motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot.”

Flynn initially plead guilty on the singular count of lying to FBI investigators but reversed his plea. The case against Flynn has been ongoing for over two years, for Flynn’s alleged ties to Russian officials. Flynn did have a conversation with Russian ambassador Sergey Kislyak but the simple conversation did not justify the accusation that he had colluded with Russian officials.

Only last month, the Justice Department declared an interview Flynn gave to the FBI on January 24, 2017, was “conducted without any legitimate investigative basis.” It was that interview with FBI agents that began the investigation prompting Flynn to plead guilty. However, “The Government is not persuaded that the…interview was conducted with a legitimate investigative basis and therefore does not believe that Mr. Flynn’s statements were material even if untrue” the DOJ decided.

“Moreover, we do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt” concluded the DOJ. One the Justice Department dropped its case against Flynn, the presiding judge Emmet Sullivan appointed a third party “to present arguments in opposition” to the DOJ’s decision. Sullivan appointed John Gleeson, a retired New York federal district court judge as that third party as an “amicus curiae,” or friend of the court.

Today’s decision by the Circuit Court is a further defense that the FBI’s investigation into Flynn was unwarranted. The ruling could be the end of Flynn’s case as it “vacates the Flynn judge’s order” reports National Review.