Kerri Kupec, a spokeswoman for Mr. Barr, mentioned in an announcement, “Dismissal is, after all, the right consequence,” however didn’t touch upon Choose Sullivan’s scathing dissection of the division’s arguments to dismiss the case earlier than the pardon. The division final week had formally introduced the pardon to Choose Sullivan’s consideration, arguing in a movement that “no additional proceedings are essential or acceptable, because the court docket should instantly dismiss the case with prejudice.”
Earlier than the pardon, the Justice Division’s fundamental argument for dismissing the case regardless of Mr. Flynn’s responsible plea was that his lies to the F.B.I. weren’t a criminal offense as a result of they weren’t “materials” to any reliable investigation because the bureau had been transferring to shut an inquiry into whether or not Mr. Flynn was a Russian agent earlier than his sample of mendacity to colleagues concerning the Russian ambassador raised new suspicions.
That rationale was extensively disputed, partially as a result of F.B.I. brokers have broad authority to conduct voluntary interviews and Mr. Flynn’s statements appeared clearly related to the bigger investigation into the character of any relationship between the Russian authorities and the Trump marketing campaign.
In his opinion, Choose Sullivan mentioned the division’s slim definition of what counted as “materials” within the Flynn matter was merely “not the legislation.” He known as the federal government’s arguments “perplexing,” opposite to what it had beforehand mentioned even within the Flynn case and unsupported by what prosecutors have mentioned in every other false-statements case.
He wrote that to dismiss the case earlier than the pardon, he would have needed to be happy that the federal government undertook a “thought of judgment,” however mentioned prosecutors “seemingly” fell quick.
The opposite main argument put ahead by Mr. Barr’s prosecutors after the about-face was that the Justice Division was not sure it might show past an affordable doubt that Mr. Flynn uttered false statements, citing points surrounding the F.B.I. interview that Mr. Flynn’s defenders have pointed to with suspicion.
Choose Sullivan rejected these arguments, too.
For instance, Mr. Trump’s allies have emphasised that brokers who interviewed him mentioned that they didn’t detect indicators that he was mendacity. However the decide mentioned that was “irrelevant in a false-statements case.”