U.S. Denies Flynn’s Claim of ‘Egregious Misconduct’ in Prosecution

Erik Larson

(Bloomberg) -- Federal prosecutors are pushing back on former National Security Advisor Michael Flynn’s claim that “egregious misconduct” by the government warrants dismissal of a charge that he lied to FBI agents about his contacts with Russia’s ambassador.

In a court filing Wednesday, the U.S. said a judge should reject Flynn’s request, which cited an internal Justice Department report that criticized FBI efforts to obtain secret foreign intelligence warrants on then-Trump campaign adviser Carter Page at the start of the Russia investigation.

“The misconduct described in the report does not pertain to the investigation of the defendant or his false statements to the FBI” in January 2017, Special Assistant U.S. Attorney Brandon Van Grack said in the filing in Washington.

The federal prosecutor also argued in the filing that the warrant missteps described in the report would not in any case amount to “egregious misconduct” warranting dismissal of the charge against Flynn, whose sentencing has been delayed.

Sidney Powell, Flynn’s lawyer, didn’t immediately return a message seeking comment.

Flynn had asked U.S. District Judge Emmet Sullivan on Jan. 29 to dismiss the case due to “outrageous government misconduct” outlined in the report, which found errors by the FBI but no political bias.

A former Army general, Flynn pleaded guilty to the charge in December 2017 but is now seeking to withdraw his plea before sentencing. He resigned as national security advisor to President Donald Trump after less than a month when his Russian contacts came to light.

“The IG Report shows that the government long suppressed evidence of shocking malfeasance by the leadership of the FBI,” Flynn’s attorneys said in a filing last month. “This factually and legally baseless ‘investigation’ and prosecution of Mr. Flynn has no precedent.”

(Updates with detail on Flynn’s motion to dismiss.)

To contact the reporter on this story: Erik Larson in New York at elarson4@bloomberg.net

To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net, Steve Stroth

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