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DOJ loses bid to move Michael Flynn malicious prosecution suit to DC

Earlier this year, Flynn filed a $50 million claim against the government for malicious prosecution in connection with the now-thoroughly debunked Trump-Russia collusion hoax.

Published: June 21, 2023 8:48pm

A federal judge has rejected the Department of Justice's request to move legal proceedings over former Trump National Security Advisor Michael Flynn's malicious prosecution claims to Washington, D.C.

"In sum, the Court concludes that the interests of justice weigh against transfer of this case to the DDC. Plaintiff is entitled to seek redress in his home forum, and Defendant’s Motion presents no overwhelming need to disturb that choice," wrote District Judge Mary Scriven in a June 12 order. "The only party who would clearly be inconvenienced by relocation of this action to the DDC is Plaintiff, who would be forced to litigate outside of his home state. The Government is not over burdened by litigating here."

Earlier this year, Flynn filed a $50 million claim against the government for malicious prosecution in connection with the now-thoroughly debunked Trump-Russia collusion hoax. Flynn brought the case in the United States District Court for the Middle District of Florida's Tampa Division. He is a Florida resident.

Flynn briefly served as former President Donald Trump's national security advisor, but quickly became the subject of FBI scrutiny as part of special counsel Robert Mueller's investigation. A retired three-star general, Flynn initially pleaded guilty to a charge of lying to the FBI but requested to withdraw the plea in light of the emergence of exculpatory evidence showing the bureau did not believe he had lied to its agents. Moreover, said agents actively tried to shutter the case against him, but were overruled by their superiors.

The DOJ ultimately asked that the charges against him be dismissed and Flynn received a presidential pardon.

In filing his original claim, Flynn and attorney Jesse Binnall argued that the case against him was politically motivated.

"Flynn was the target of a politically motivated investigation and prosecution that had no merit when it began, no merit during its course, and no merit in the end when the charges were withdrawn by the DOJ and ultimately dismissed by the Court after Flynn received a full pardon," the original filing claimed. "During that meritless and unlawful investigation and prosecution, Flynn was falsely and maliciously painted by the conspirators as a traitor to his nation who acted in concert with a foreign power, and the SCO even threatened Flynn's son with prosecution unless Flynn were to plead guilty. "

"The federal government's targeting of a citizen for baseless criminal prosecution and eliciting a plea bargain through threatening of family members is outrageous conduct of the highest order," it stated.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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