The judge in the Michael Flynn case is delaying a decision on the Justice Department’s request to abandon prosecution.

The DOJ will drop the criminal case against Gen. Michael Flynn for lying to the FBI about contact with a Russian Ambassador. Flynn pleaded guilty.
USA TODAY
WASHINGTON A federal judge is delaying an immediate decision on a Justice Department request to abandon the prosecution of former national security adviser Michael Flynn, saying that he will allow time for outside parties to challenge the government’s position.
U.S. District Judge Emmet Sullivan, in a Tuesday order, said he would set a schedule for parties to submit their challenges at a later date, injecting more drama into the case against the former Army general who first pleaded guilty to lying to the FBI in 2017 about his communications with then-Russian Ambassador Sergey Kislyak.
In the brief order, Sullivan did not address the Justice Department’s effort to drop the case, saying only that he “anticipates that individuals and organizations” will attempt to file arguments of their own.
“Accordingly, at the appropriate time, the Court will enter a scheduling order governing the submission of any amicus curiae briefs,” Sullivan said.
Sullivan’s directive comes less than a week after the Justice Department set off a political firestorm by announcing its intention to drop the prosecution of the retired Army general.
Former National Security Advisor Michael Flynn leaves U.S. District court in December 2018 after his sentencing hearing was delayed.
 (Photo: SAUL LOEB, AFP via Getty Images)
Justice officials, in court documents filed Thursday, claimed that the FBI’s 2017 interview of the then-national security adviser was “unjustified” as they sought to learn about his communications with then-Ambassador Kislyak.
In that interview, Flynn lied when he told agents that he had not discussed sanctions imposed against Russia by the Obama administration. He subsequently pleaded guilty and agreed to cooperate with Russia special counsel Robert Mueller before reversing course early this year when he sought to withdraw his plea, asserting that he was duped by federal investigators.
“The government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynns statements were material even if untrue,” the Justice Department concluded. “Moreover, we do not believe that the government can prove either the relevant false statements or their materiality beyond a reasonable doubt.”
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The decision by the Justice Department flies in the face of a searing rebuke of Flynn by Sullivan, who oversaw an initial sentencing hearing in December 2018.  
“Arguably, you sold your country out,” Sullivan said then. “I’m going to be frank with you. This is a very serious offense. It involves making false statements to the FBI on the premises of the White House in the West Wing.”
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