Fox’s Napolitano on Appeals Court Dismissing Michael Flynn’s Case: A ‘Certainty’ He Will Not Be Prosecuted


Fox News judicial analyst Andrew Napolitano said it’s all but certain Michael Flynn will not be prosecuted now that the federal appeals court has ordered the dismissal of the criminal case against him.

Napolitano appeared on America’s Newsroom Wednesday to address the news that the appeals court has upheld the Justice Department’s request that the case against President Donald Trump’s former national security adviser be dropped. Napolitano broke down the friction between the DOJ and U.S. District Judge Emmet Sullivan (who presided over the Flynn case), and he explained that “it is for [the DOJ] to decide what case to dismiss and not for the court to get involved.”

He warned, though, that Sullivan might still call a hearing before forced to dismiss.

That’s the ‘may’ part. The ‘certainty’ part is that General Flynn wins. General Flynn will not be prosecuted and the ‘maybe’ part of this is because the Department of Justice said when it filed these papers asking to dismiss the case, that the original charges were not filed in good faith. The ordinary qualified immunity — and we’ve heard that phrase with react to police killing people and it applies here as well — the ordinary qualified immunity that FBI agents and prosecutors would have does not apply here. General Flynn can actually sue the DOJ for the 6.7 million he spent on legal fees because the prosecution of him was not in good faith.

Flynn previously plead guilty to lying to the FBI about his contacts with the Russian ambassador during the Trump transition in 2017. In a stunning move, Attorney General Bill Barr directed the Justice Department this year to drop the case against the former national security adviser.

Watch above, via Fox News.

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