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Michael Flynn sues government over 'wrongful and malicious' prosecution

Flynn's complaint stems from the Department of Justice's prosecution of him over a 2017 interview with the FBI.

Published: March 3, 2023 4:53pm

Updated: March 3, 2023 5:34pm

Retired Lieutenant General Michael Flynn on Friday filed a suit against the federal government seeking damages over what he called Washington's "wrongful and malicious" prosecution of him.

"As a direct and proximate result of Defendant’s actions, General Flynn suffered harm," his attorneys wrote in a filing with the U.S. District Court for the Middle District of Florida. "He was falsely branded as a traitor to his country, lost at least tens of millions of dollars of business opportunities and future lifetime earning potential, was maliciously prosecuted and spent substantial monies in his own defense."

Flynn's complaint stems from the Department of Justice's prosecution of him over a 2017 interview with the FBI. He initially pled guilty but requested to withdraw from the plea agreement after the emergence of exculpatory evidence . Flynn was eventually pardoned after the DOJ asked to dismiss the charges against him.

Flynn contends that the DOJ was aware the prosecution against him lacked merit and cites a DOJ motion from then-U.S. Attorney Timothy Shea saying "The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue. Moreover, we [sic] not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt."

"The DOJ therefore admitted that they should never have brought this prosecution against General Flynn because the interview that formed the basis of the criminal information should never have happened and, even though it did happen, it was not a proper basis for the felony charge," his legal team asserted.

The filing names the United States of America as a defendant.

Flynn is seeking compensatory damages to be determined by the court but that he expects to exceed $50 million, in addition to his legal fees and any other court-determined relief.

Jesse Binnall of the Binnall Law Group, which is representing Flynn, derided the federal government for its "politically motivated persecution of an American hero."

"What the Deep State did to General Flynn should never be done to another American, ever," he added.

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

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