https://www.nationalreview.com/corner/random-flynn-thoughts/
There is lots of Flynn chatter today. Three quick points:
1. As I explain in a piece at The Hill today, I understand why the Justice Department relied on a legal argument — viz., lack of materiality — for moving to dismiss the case against Michael Flynn. It spares DOJ the need to get into the facts of the case which, to put it mildly, are unflattering to the FBI and prosecutors. Nevertheless, the best reason to dismiss the Flynn case is that the government would not be able to prove it beyond a reasonable doubt in court. The evidence is equivocal, the witnesses have profound credibility problems — and those witnesses actually thought Flynn was not lying to them.
The issue for the Justice Department is not whether Flynn made misstatements to Vice President Pence and other administration officials; it is whether prosecutors are in a position to carry their burden of proof that Flynn willfully lied to the interviewing agents. On the evidence as we understand it, I do not believe a jury would be confident even that they knew exactly what statements Flynn made, much less whether his statements were intentionally false rather than honest failures of recollection.