Make the world you want.
>>> WE WANT TO GET BACK TO THAT Make the world you want.
>>> WE WANT TO GET BACK TO THAT
BREAK NEWS REGARDING THE CASE OF
MICHAEL FLYNN.
NBC NEWS JUSTICE CORRESPONDENT
PETE WILLIAMS IS HERE.
WE WERE JUST TALKING TO A
CONGRESSWOMAN, I THINK THIS IS A
SURPRISE FOR A LOT OF PEOPLE,
GIVEN THAT HE PLED GUILTY.
TELL US WHAT IS HAPPENING HERE.
>> WELL, BY A 2-1 VOTE, A
THREE-JUDGE PANEL OF THE D.C.
COURT OF APPEALS GRANTED THE
MOTION FROM FLYNN’S LAWYERS TO
DIRECT THE DISTRICT COURT JUDGE,
EMMET SULLIVAN, TO DISMISS THE
CASE.
YOU MAY REMEMBER IT IS TRUE THAT
TWO YEARS AGO FLYNN PLEADED
GUILTY TWICE, BUT HIS SENTENCING
WAS DELAYED, HE WAS SUPPOSED TO
BE COOPERATING WITH THE
GOVERNMENT IN A CRIMINAL CASE IN
VIRGINIA AGAINST HIS FORMER
BUSINESS PARTNER.
THAT COOPERATION AGREEMENT FELL
APART.
AND ULTIMATELY FLYNN MOVED TO
WITHDRAW HIS GUILTY PLEA.
THEN IN A SURPRISE MOVE, THE
GOVERNMENT SAID IT WANTED TO
SIMPLY ABANDON THE PROSECUTION
AFTER A FEDERAL PROSECUTOR
APPOINTED BY ATTORNEY GENERAL
WILLIAM BARR TO LOOK INTO THE
CASE DETERMINED THAT THERE WERE
SOME IMPROPER STEPS TAKEN AND
THIS HAS BEEN A -- A FAMILIAR
LITANY OF COMPLAINTS FROM
FLYNN’S LAWYERS ABOUT THE FBI’S
CONDUCT HERE.
BUT IN ANY EVENT, WHAT JUDGE
SULLIVAN DID WAS TO SAY, OKAY,
LOOK, I’VE GOT THIS REQUEST FROM
THE GOVERNMENT, THEY WANT ME TO
DROP THE CASE, I’M GOING TO
APPOINT A RETIRED FEDERAL
PROSECUTOR TO COME IN HERE AND
ARGUE THE OPPOSITE ABOUT WHETHER
THIS WOULD BE IN THE PUBLIC
INTEREST AND HE APPOINTED THIS
PERSON TO ACT AS A FRIEND OF THE
COURT.
SO FLYNN’S LAWYERS THEN WENT TO
THE D.C. COURT OF APPEALS AND
SAID WE WANT YOU TO ORDER THE
JUDGE THAT HE CAN’T APPOINT A
FRIEND OF THE COURT AND WANT YOU
TO ORDER THE JUDGE THAT HE HAS
TO DROP THE CASE, HE HAS NO
CHOICE.
AND TODAY BY A 2-1 VOTE, THE
APPEALS COURT SAID THAT’S RIGHT,
THE JUDGE HAS NO CHOICE.
WHAT THE COURT BASICALLY SAYS
HERE IS THAT THE DECISION TO
PROSECUTE OR NOT TO PROSECUTE IS
EXCLUSIVELY ONE OF THE EXECUTIVE
BRANCH, NOT JUDGES, THAT’S
ENTIRELY IN THE HANDS OF THE
JUSTICE DEPARTMENT, AND
THEREFORE HE EXCEEDED HIS
AUTHORITY IN WANTING TO KEEP THE
CASE GOING.
SO IT IS A COMPLETE VICTORY FOR
FLYNN, ALL THAT IS LEFT HERE IS
IN ESSENCE RETURNING IT TO THE
LOWER COURT TO PERFORM LAST
RIGHTS.
FLYNN WILL BE A FREE MAN HERE.
HE’S BEEN NO SENTENCE HAD EVER
BEEN IMPOSED, SO FOR THAT
REASON, HE WAS TECHNICALLY NEVER
CONVICTED.
SO I CAN’T SAY THAT HIS
CONVICTION WILL BE ERASED,
BECAUSE AS A TECHNICAL MATTER
EVEN THOUGH HE PLEADED GUILTY,
THERE WAS NEVER THAT FINAL STEP
THAT AMOUNTS TO A CONVICTION.
THERE WILL BE NO FELONY RECORD
FOR HIM, NO NEED FOR A
PRESIDENTIAL PARDON, IN JUST A
MATTER OF DAYS HE WILL BE
COMPLETELY FREE AND CLEAR OF
THESE CHARGES.
AND IT IS A COMPLETE SMACKDOWN
OF WHAT THE JUDGE WANTED TO DO
HERE, CHRIS.
>> JUST WANT TO DOUBLE-CHECK,
COMPLETELY FREE AND CLEAR, FOR
EXAMPLE, COULD A DEMOCRATIC
ADMINISTRATION BRING CHARGES?
>> WELL, REMEMBER THAT, YES, I
MEAN, THE SIMPLE ANSWER TO THE
QUESTION IS YES TO A SECOND
POTENTIAL VIOLATION THAT FLYNN
IN ESSENCE ADMITTED TO IN HIS
PLEA AGREEMENT, THOUGH HE WAS
NEVER CHARGED WITH IT.
AND THAT IS WHETHER HE WAS
CANDID ABOUT HIS RELATIONSHIP
WITH THE GOVERNMENT OF TURKEY IN
DOING SOME LOBBYING.
REMEMBER, WHAT HE PLEADED GUILTY
TO WAS LYING TO THE FBI, RIGHT
AFTER THE PRESIDENT TRUMP TOOK
OFFICE, WHEN HE WAS NATIONAL
SECURITY ADVISER ABOUT
CONVERSATIONS HE HAD WITH
RUSSIA’S AMBASSADOR TO THE U.S.
DURING THE TRANSITION.
HE DENIED THEY TALKED ABOUT
SANCTIONS, HE DENIED THEY TALKED
ABOUT RUSSIA GOING EASY IN TERMS
OF RESPONDING TO THE OBAMA
ADMINISTRATION’S THROWING OUT
SOME ALLEGED RUSSIAN SPIES, AND
A POTENTIAL VOTE COMING UP IN
THE U.N. INVOLVING SOME ISSUES
IN THE MIDDLE EAST.
HE DENIED TALKING ABOUT THOSE
THINGS AND LATER ADMITTED
THAT -- IN FACT, HE DID TALK
ABOUT THEM.
BUT HIS LAWYERS HAVE MAINTAINED
THAT HE WAS SORT OF TRICKED IN
THIS BY THE FBI, AND WHAT THIS
INVESTIGATOR AND WHAT ATTORNEY
GENERAL BARR CONCLUDED AND THE
JUSTICE DEPARTMENT ULTIMATELY
CONCLUDED HERE IN WANTING TO
DROP THE CHARGES IS THAT WHAT HE
LIED ABOUT WASN’T QUOTE/UNQUOTE