The court is considering whether to overrule a district judge.
President Donald Trump’s former national security adviser pleaded guilty in 2017 to lying to federal investigators who were looking into his contacts with the Russian ambassador.The Justice Department and the legal team for former national security adviser Michael Flynn faced tough questions from a skeptical panel of federal appeals court judges this morning in their bid to overrule a district judge who has not yet accepted the department's request to throw out the case.
At least two of the judges on the panel, judge Karen Henderson and judge Robert Wilkins, expressed clear reservations in their questioning of Powell and Principal Deputy Solicitor General Jeffrey Wall, who was arguing on behalf of the government. Attorney General William Barr has denied acting at the behest of President Donald Trump and said the move to drop the case was based on newly uncovered evidence concerning the conduct of agents who investigated Flynn. Barr said that at the time of Flynn's interview with the FBI the counter-intelligence probe into him was not legitimate, so his lies about his contacts with the Russian ambassador were not"material" to any legitimate investigation.
Former White House National Security Advisor Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court, Dec. 18, 2018 in Washington. "You have all these allegations being lobbed at the executive branch, we're going to have to answer them in a public forum in a politicized environment," Wall responded."If it isn't already, I think it is threatening to become and will become the sort of public spectacle that I think [calls for the court to] foreclose [the case]."
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