Top Democrat demands ‘immediate explanation’ from Barr after Flynn case dropped

The top Democrat on the House Judiciary Committee demanded answers from Attorney General William Barr over the Justice Department’s decision to drop criminal charges against President Trump’s former national security adviser Michael Flynn.

Rep. Jerrold Nadler (D-N.Y.) said the “outrageous” move called for an “immediate explanation.” He added that the House Judiciary Committee, which Nadler chairs, would summon Barr to the Capitol as soon as possible, after a March hearing with the attorney general was postponed due to the pandemic and said later in a statement he would ask the Inspector General to investigate.

“Rest assured, we are going to reschedule that hearing, ASAP, and demand answers!” Nadler said on Twitter.

Due to the ongoing COVID-19 emergency, I worked with DOJ to postpone our scheduled hearing with AG Barr as attentions and resources appropriately went to responding to the pandemic. But rest assured, we are going to reschedule that hearing, ASAP, and demand answers! 2/2 https://t.co/OywQR41khM

— (((Rep. Nadler))) (@RepJerryNadler) May 7, 2020

The Department of Justice (DOJ) announced Thursday its intent to drop the criminal case against Flynn, who had previously pleaded guilty to lying to the FBI about his contacts with Russia during the presidential transition. Flynn later withdrew from his plea agreement.

Nadler said the DOJ’s move demonstrated the politicization of the top federal law enforcement agency under Trump. 

“Flynn PLEADED GUILTY to lying to investigators,” Nadler also said on Twitter. “The evidence against him is overwhelming. Now, a politicized DOJ is dropping the case.”

The top Democrat followed up with a statement, calling the evidence against Flynn “overwhelming.”

“A politicized and thoroughly corrupt Department of Justice is going to let the President’s crony simply walk away,” Nadler said. “We are not supposed to get special treatment because we are friends with the President or refused to cooperate with federal investigators on his behalf. 

Meanwhile, Rep. Adam Schiff (D-Calif.), who chairs the House Intelligence Committee, said the decision reflected “the worst politicization of the Justice Department in its history.”

“Flynn pled guilty to lying to the FBI about his illicit Russian contacts. His lies do not now become truths,” Schiff said in a tweet. “This dismissal does not exonerate him. But it does incriminate Bill Barr.”

Flynn pled guilty to lying to the FBI about his illicit Russian contacts.

His lies do not now become truths.

This dismissal does not exonerate him.

But it does incriminate Bill Barr.

In the worst politicization of the Justice Department in its history.

— Adam Schiff (@RepAdamSchiff) May 7, 2020

In a court filing Thursday, the DOJ said newly uncovered FBI documents showed the investigation into Flynn was handled improperly and revealed that agents had misgivings about whether they believed Flynn had lied during his interview.

DOJ lawyers told the court that the FBI had initially moved to close the investigation in 2016 after finding a lack of evidence, but that the case remained open by mistake. 

Flynn would later provide agents a description of a conversation he had with a Russian diplomat in the weeks before Trump’s inauguration that prosecutors considered to be false and misleading, leading to Flynn’s guilty plea.

Some legal experts expressed dismay over the department’s change in course.

“It is highly unusual to dismiss a case after a defendant has pleaded guilty in open court,” said Barbara McQuade, a law professor at Michigan University and former federal prosecutor. “There is nothing in the public record to justify this dismissal.” 

— Updated at 4:59 p.m.

Harper Neidig contributed.