Lawyers for Michael Flynn are asking a federal appeals court to order the dismissal of the criminal case against the former Trump administration national security adviser. Instead, U.S. District Judge Emmet Sullivan appointed a retired judge to argue against the department's position and to consider
WASHINGTON — Lawyers for Michael Flynn are asking a federal appeals court to order the dismissal of the criminal case against the former Trump administration national security adviser.
The filing Tuesday with the Washington-based appeals court is the most extensive response by Flynn's lawyers to the Justice Department's motion this month to throw out the case. It seeks to bypass the judge handling the case before he's even had a chance to rule on the dismissal request, anticipating that the motion may not be as open-and-shut of a matter as the department and the defense team might have hoped.
But the Justice Department now says the FBI had insufficient basis to interview him in the first place and that the statements he made during questioning were not relevant to the underlying investigation into ties between Russia and the 2016 Trump campaign. But in a court filing Tuesday, Flynn's attorneys said Sullivan had “egregiously" overstepped his authority, arguing that the judge “has no authority to adopt the role of prosecutor or change the issues in the case."
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