Retired Harvard professor and constitutional law expert Alan Dershowitz says former Trump National Security Adviser Michael Flynn can celebrate a federal appeals court ruling to throw out his conviction for lying to the FBI with a “beer” but not “Champagne.”
Dershowitz told Newsmax TV on Wednesday that the ruling by the U.S. Court of Appeals for the District of Columbia earlier in the day that ordered a district judge to dismiss the case was a victory, but there were still formalities to occur before he can relax.
“Yes, a beer, but no, not a Champagne,” Dershowitz said on "Spicer & Co."
“Because it’s over, but the United States Court of Appeals for the D.C. Circuit does have the ability, either on its own or by motion, done by, presumably the judge in the case, because both sides in this case want it dismissed – the prosecution wants it dismissed, the defense wants it dismissed – but this buttinsky judge has appointed another buttinsky judge to kind of argue on his behalf, (and) they may try to go the en banc – that is all the judges on the court.
“And it’s possible all the judges on the court will take the case and view it differently, or that it will be taken to the United States Supreme Court, where I don’t believe it would be viewed differently.”
Dershowitz’s comments come in the case against Flynn, a retired Army general who pleaded guilty to lying to the FBI about conversations he had with then-Russian Ambassador Sergey Kislyak between the 2016 presidential election and the time the Trump administration took office.
Flynn was ensnared in the FBI’s counterintelligence investigation – which became a probe by special prosecutor Robert Mueller – into whether the Trump campaign conspired with Russian government officials to influence the 2016 election.
He pleaded guilty to lying to the FBI in December 2017 but sought to withdraw his plea in January 2020. The Department of Justice filed a motion in May to dismiss the case saying the questioning of Flynn in the case was “unjustified. However, the judge in the case, Emmet Sullivan, refused to accept the motion.
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