Justice Department reverses course and moves to dismiss Flynn's prosecution

Date: 2020-05-07
Entry type: prosecution-reversal
Current status: Motion was unresolved when Trump pardoned Flynn; court then dismissed the case as moot

The government argued it could no longer prove materiality or falsity beyond a reasonable doubt after Flynn had twice pleaded guilty.

Entities and roles

Donald J. Trumpnational security adviser and clemency recipientMichael Flynn
legalpoliticaldocumented3 sourcesCited claim 1

factdocumented
DOJ moved under Rule 48(a) to dismiss the Flynn information, asserting that the FBI interview lacked a sufficient investigative basis and that it could not prove a material false statement beyond a reasonable doubt. The judge did not immediately grant dismissal and appellate litigation followed. Trump's pardon arrived before final merits resolution, after which the criminal case was dismissed as moot.
- U.S. Department of Justice: United States' motion to dismiss the criminal information against Michael FlynnGovernment motion, changed materiality assessment, evidentiary rationale, and requested Rule 48 dismissal
- U.S. Department of Justice, Special Counsel's Office: Report On The Investigation Into Russian Interference In The 2016 Presidential ElectionVolume II appendix: plea and prosecution history before the later motion
- DocumentCloud (court opinion reproduction): United States v. Flynn memorandum opinion dismissing case as mootPages 1 and 42–43: pardon, Rule 48 motion denied as moot, and case dismissed as moot