Ex-Trump aide who admitted lying to FBI asks appeals court to toss charges

Michael Flynn, President Donald Trump's former national security adviser, leaves the federal court in Washington. File picture: Manuel Balce Ceneta/AP

Michael Flynn, President Donald Trump's former national security adviser, leaves the federal court in Washington. File picture: Manuel Balce Ceneta/AP

Published May 19, 2020

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Washington - President Donald Trump's

former national security adviser Michael Flynn, who previously

pleaded guilty to lying to the FBI, asked a US appeals court

on Tuesday to force a judge to dismiss the criminal case against

him as requested by the Justice Department.

The department's May 7 reversal in the case drew accusations

from Democrats and retired career prosecutors that Attorney

General William Barr was politicizing the US criminal justice

system to benefit Trump's friends and associates.

In an emergency petition, Flynn's lawyers asked that the

US Court of Appeals for the District of Columbia order Judge

Emmet Sullivan to grant the department's request to dismiss the

case. Sullivan last week signaled reluctance to drop the

charges, appointing a retired judge to advise whether Flynn

should face an additional criminal contempt charge for perjury.

Flynn, who also advised Trump's 2016 presidential campaign,

pleaded guilty in 2017 to lying to the FBI about his

conversations with Russia's ambassador in Washington, but later

sought to withdraw his plea and accused the FBI of tricking him.

The Justice Department's decision to ask Sullivan to drop the

charges followed public pressure from Trump and the Republican

president's political allies.

Flynn's petition also argued that, if there are further

proceedings, the case should be reassigned to another judge,

adding that Sullivan's conduct "bespeaks a judge who is not only

biased against Petitioner, but also revels in the notoriety he

has created."

Sullivan in 2018 expressed "disgust" and "disdain" toward

Flynn's criminal offense, saying: "Arguably, you sold your

country out."

Flynn's request likely will be denied because Sullivan has

done nothing to violate his rights, said Deepak Gupta, an

appellate lawyer in Washington not involved in the case.

"The judge has neither denied nor granted the government's

motion to dismiss," Gupta said. "At the very least, this request

to the appellate court is premature."

Reuters

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