A caution on the Flynn case.
THREAD
THREAD
Following the government’s motion to dismiss the case, the defense has agreed to withdraw all pending motions, including the plea to withdraw the guilty plea and compel further productions from Covington. This will probably be filed very soon (or while I’m typing this)
Obviously this makes sense from the individual standpoint of General Flynn, who surely wants the case over with after 3+ years of hell
But from the standpoint of spygate, it means we won’t be seeing the original 302 & any other evidence that could have been disclosed via more court filings. In fact, the motion relies on the “edited” version of the 302, rather than the original, and doesn’t say if it still exists
It also means, after Sullivan accepts the governments motion, the case obviously never goes to trial. So no Strzok, Comey, McCabe, Yates or Pientka on the witness stand. No pre-trial discovery. No extensive press coverage leading up to & during the trial. No “not guilty” verdict
And the DOJ’s motion, while devastating to the credibility of Comey and co, withdraws the case on the least bad outcome for the DOJ/FBI, basically a poor application of process defense: e.g. the lack of a “predicted” investigation, and “materiality” statute requirements not met
The motion doesn’t accept that *egregious misconduct* occurred. Or that the interview was a *set up* to entrap Flynn (though it hints it). It just says there was no basis for the FBI’s interview, which isn’t the same thing at all. It doesn’t say WHY Comey & co. did what they did
It’s a little like the IG report in that respect
DOJ: The FBI had no basis to open a case on Flynn and no basis to interview him, as no crime occurred
ALSO DOJ: We don’t say why that case was *really* opened, why the interview occurred, who ordered it, & covered it up, and why
DOJ: The FBI had no basis to open a case on Flynn and no basis to interview him, as no crime occurred
ALSO DOJ: We don’t say why that case was *really* opened, why the interview occurred, who ordered it, & covered it up, and why
Maybe that will be part of Durham’s investigation. Maybe it wont. But what we can say for sure is that the DOJ’s motion ensures we *won’t* find out those answers via the legal route of the Flynn case
Flynn’s had to carry enough of a burden over the last few years though. It’s not on him to keep this case open just to expose what happened to him AND everyone else. Thats AG Barr’s job. And he needs to finish it.
/ENDS
/ENDS
UPDATE: Flynn files to withdraw all pending motions (reserving right to reintroduce without prejudice) 
