In a federal appeals court, Michael Flynn’s case is being considered for dismissal on the basis that he should have never been interview by the FBI in the first place, and therefore, wouldn’t have been charged for lying to the FBI. 

Ten judges on the DC Court of Appeals are rehearing the argument, and their decision could have the biggest effect yet on the fate of Michael Flynn.  The appeals court overrode a decision by the Circuit Court earlier this summer that dismissed the case.  According to the Justice Department, Attorney General William Barr, who has been doing a deep probe into the Obama-era Crossfire Hurricane investigation, may have more information to give to the court regarding the decision to drop Flynn’s case.  Solicitor General Jeffrey Wall said, “I just want to make clear that it may be possible that the Attorney General had before him information that he was not about to share with the court.  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.”

Wall’s argument brings another layer to a complex story.  Barr, who has been methodically looking through the potential corruption from the FBI to attack President Trump candidacy, transition team, and administration for political purposes, seems to have more information than the public knows, and is moving through his internal review of the agency step by step.  It also suggests the FBI’s investigation into the 2016 elections were politically motivated with the purpose to bring down President Trump and those close to him.  

The Justice Department is arguing that the courts cannot question a decision made by the executive branch to drop criminal cases.  If the courts rule in favor of Flynn, this will set a strong precedent for future cases.  But most importantly, it will be another step forward in the review of what President Trump calls “spygate.”

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