Judge Andrew Napolitano said Wednesday that former National Security Adviser Michael Flynn may have a good case to sue the Justice Department.
Napolitano joined Fox News host Dana Perino on “The Daily Briefing” to discuss Flynn’s case following an appeals court ruling directing Judge Emmet Sullivan to dismiss the case against Flynn. The Justice Department had filed a motion to dismiss the false statements charge against Flynn in early May. (RELATED: Appeals Court Orders Judge To Dismiss Michael Flynn Case)
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“What does this mean right now for Michael Flynn? Is it over?” Perino asked the judge.
“Well, it’s about 99.9% over,” Napolitano said, noting that there was still time for another possible appeal to the full court, since Wednesday’s decision had been rendered by a panel of three judges rather than the full court’s 11 judges.
“There are 11 on that court. If six of them say we want to hear it, then there will be another appeal,” Napolitano explained. “I don’t know that that’s going to happen. If it happens, we will know about it within the next four or five days. But, if it doesn’t happen, then this is over for Michael Flynn. Dana, this is not the reversal of a conviction this is an acquittal. This is a dismissal of the charges against him. Even though he twice pleaded guilty all of that is undone or will be undone if and when Judge Sullivan complies with the order of the appellate court this morning.”
Perino went on to ask whether Flynn had any recourse once the case was over, asking, “Can he sue the Justice Department for legal fees that he has accumulated over these years?”
“Ordinarily the answer to that is no,” Napolitano said, noting that most people would not be able to sue the prosecutor simply for trying them in court. “But, in this case, the documents the DOJ filed said there was no good faith basis for the prosecution from day one. Where there is no good faith basis, then the people involved in the prosecution lose their immunity and the government loses its immunity. And the only issue to be resolved is how much does the government owe Michael Flynn.”
Napolitano then said that Flynn’s prior representation, a firm headed by former Attorney General Eric Holder, had billed Flynn well in excess of $6 million, and that he could also possibly sue to have that amount paid to his current attorney, Sidney Powell.
“It’s an extraordinary case with an extraordinary ending,” Napolitano concluded.