https://thehill.com/opinion/white-house/497064-why-dismiss-the-flynn-case-because
The guiding tenet of the criminal justice system is that the government bears the burden of proving guilt beyond a reasonable doubt. All of the system’s rules are rooted in this principle. These include the prosecutor’s ethical obligation to dismiss a charge in the absence of a good-faith belief that a rational jury could convict the accused based on the government’s evidence.
The Department of Justice (DOJ) last week dismissed the prosecution of Michael Flynn, who fleetingly served as President Trump’s first national security adviser. In all the heated commentary over this decision, scant attention has been paid to the most compelling reason for vacating Flynn’s 2017 guilty plea to one count of making false statements to FBI agents: The government wouldn’t have a prayer of convicting Flynn at trial.
Allowing the conviction to stand would have been a travesty. This basic fact, this utter lack of sufficient evidence, is obscured by the DOJ’s heavy reliance on a legal rationale for dropping the case. In its 20-page memorandum in support of dismissal, the DOJ contends that any false statements by Flynn could not have been material because there was no legitimate basis to investigate or interview him. Federal law makes materiality an essential element of a false-statements charge.