NEW: The federal judge overseeing the case against Pres. Trump's former national security adviser Michael Flynn signals he's not quite ready to accept the Justice Department's surprise motion last week to throw out the charges.
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The order followed the Justice Department's move last Thursday to throw out the charges against Flynn, who had previously pleaded guilty twice for lying to FBI agents about his contacts with the former Russian ambassador during a January 2017 interview at the White House. Attorney General William Barr, who said he was acting on a recommendation from a U.S. attorney he tasked with reviewing the Flynn case, argued that newly uncovered evidence about how the FBI agents had handled their investigation had since rendered the case illegitimate.
"Obviously the Justice Department's position is pretty clear in its filing," DOJ spokesperson Kerri Kupec said in response to Sullivan's order Tuesday during an interview with Fox News."We do not believe this case should have been brought, we are correcting that and we certainly hope that in the interest of true justice the judge ultimately agrees and drops the case against Gen. Flynn.
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