The case of former Trump national security advisor Lt. Gen. Michael Flynn (U.S. Army Ret.) took another turn Tuesday in oral arguments before a the D.C. Court of Appeals on the appeal of the court’s mandamus order directing Judge Emmet Sullivan to dismiss the DOJ criminal case against Flynn for perjury despite Flynn having pleaded guilty in the case.
In response to a question by Judge Merrick Garland, acting U.S. Solicitor General Jeffrey Wall told the court Tuesday that Attorney General William Barr may have had secret information that contributed to the reasoning for the DOJ to dismiss the case. Flynn’s attorney Sydney Powell filed for the writ of mandamus when Sullivan embarked on an investigation into the DOJ request for dismissal, appointing an outside counsel and indicating he would seek additional charges against Flynn for changing his plea.
The DOJ had provided multiple reasons for U.S. District Court Judge Emmet Sullivan to throw out its own case against Flynn, who had previously pleaded guilty of lying to the FBI about his contacts with the Russian ambassador to the U.S. in the weeks before Trump’s inauguration.
But Wall, who was representing the DOJ, told a full panel of judges on the appeals court in Washington, D.C., that Barr’s judgment on Flynn’s case came “in the context of non-public information from other investigations.”
“I just wanted to make clear that it may be possible that the attorney general had before him information that he was not able to share with the court,” Wall said, “and so what we put in front of the court were the reasons that we could, but it may not be the whole picture available to the executive branch.”
More Wall: “We gave three reasons. One of them was that the interests of justice were no longer served in the attorney general’s judgment by the prosecution. The attorney general made that decision, or that judgment, on the basis of lots of information–some of it is public and fleshed out in the motion and some is not.” (Transcribed by TGP.)
Barr has appointed several U.S. Attorneys, most notably John Durham, to investigate the conduct of the FBI and DOJ in the investigations into President Trump, his campaign and administration in the Trump-Russia collusion hoax perpetrated by the Clinton campaign and Obama administration.
Excerpt from audio of the appeals court hearing in which Wall reveals possible secret reasons to dismiss the case:
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