https://www.washingtontimes.com/news/2020/aug/11/william-barr-sought-dismiss-michael-flynn-case-bas/
Attorney General William P. Barr moved to drop the criminal case against President Trump’s former national security adviser Michael Flynn because of “undisclosed” information, a Justice Department lawyer said Tuesday.
Appearing before the U.S. Court of Appeals for the District Columbia Circuit, Acting Solicitor General Jeffrey Wall said the decision to abandon the Flynn prosecution was prompted by a combination of public and secret evidence.
“The attorney general based that decision or that judgment on the basis of lots of information, some of it is public and fleshed out in the motion and some of it is not,” Mr. Wall told the court.
Mr. Wall said the non-public information has come from other investigations, but did not elaborate.
“It is the core of any judge’s job to assess cases using the best arguments that can be made on both sides,” said Judge Cornelia Pillard.
“And your position is that ‘no, he can’t both hear both sides of the law and he has to drop the case like a hot potato without adversary closing argument,’” Judge Pillard told Flynn’s attorney.
Mr. Wall, who argued on behalf of Flynn, said Judge Sullivan doesn’t have the authority to buck the Justice Department.
“Once the government decides to drop a prosecution, that’s it,” he said. “General Flynn can invoke a separation of powers to protect his liberty. This should go no further.”
Ms. Powell accused Judge Sullivan of “usurping” prosecutors and having the “now-glaring appearance of bias.”