Former national security adviser Michael Flynn in June 2019.

Former national security adviser Michael Flynn in June 2019. Credit: AP / Patrick Semansky

Justice the way Trump likes it

It's extremely rare for the wheels of justice to make a U-turn like this: moving to drop charges to which a defendant has pleaded guilty. But unusual things happen when those jammed up in criminal cases have a patron in President Donald Trump.

Three months ago, Attorney General William Barr intervened to urge a lighter sentence than line prosecutors sought for Trump confidant Roger Stone, convicted of obstruction of justice and witness tampering. On Thursday, Barr said charges should be dropped entirely against former national security adviser Mike Flynn.

Flynn, a prominent Trump campaign surrogate in 2016, pleaded guilty to lying to the FBI about his contacts with the Russian ambassador to the U.S. during the postelection transition. He became a cooperating witness with special counsel Robert Mueller's Russia investigation. He also admitted making false statements about lobbying work for Turkey. But last year, after Mueller closed up shop, Flynn changed lawyers and sought to withdraw his guilty plea.

In court documents filed Thursday, the Justice Department said that after reviewing newly disclosed information and other materials, it agreed with Flynn’s lawyers that his interview with the FBI should never have taken place. His contacts with the Russian ambassador were “entirely appropriate” and the interview “conducted without any legitimate investigative basis,” the department said.

But what about the guilty plea for lying, Barr was asked in a CBS News interview. "Well, you know, people sometimes plead to things that turn out not to be crimes," the attorney general said. It is now up to the federal judge in Washington overseeing the case, Emmet G. Sullivan, to decide. Previously in the case, Sullivan rejected the defense's claims of government misconduct.

Trump exulted in Barr's decision, declaring that his former aide had been “an innocent man” all along. The president seethed the senior FBI and Justice Department officials who pursued Flynn were “human scum.” He also spoke of payback. “I hope that a big price is going to be paid,” he said.

Law enforcement officials pursued the case against Flynn after his denial out of concern that Russia, knowing the truth about whether he had Russia contacts, could have blackmailed him, The New York Times noted. Former FBI Deputy Director Andrew McCabe, fired after he was targeted by Trump, defended the FBI’s actions Thursday and said the development “has nothing to do with the facts or the law — it is pure politics designed to please the president.” Barr denied to CBS that he was doing Trump’s bidding — “No, I’m doing the law’s bidding,” he said.

Don't look now

The Trump administration on Thursday asked the Supreme Court to block the House Judiciary Committee from obtaining grand jury materials from Mueller’s investigation of Russian interference in the 2016 presidential election.

The Justice Department is facing a deadline of next Monday to turn over the records. Noel J. Francisco, the solicitor general, said the executive branch would suffer "irreparable harm" if lawmakers see the evidence. He said the Justice Department should first get a chance to fully litigate an appeal of a Court of Appeals ruling in the House's favor before the Supreme Court.

House Democrats have argued that they need to see the grand jury evidence in part because of suspicions that Trump may have lied under oath in his written answers to Mueller, The New York Times reported.

Janison: Winging it

The latest clue that the Trump administration hasn't defined a clear pandemic plan — let alone a real reopening strategy — came Thursday with word that the White House squelched a guidance document produced by the CDC, writes Newsday's Dan Janison.

The 17-page report from the Centers for Disease Control and Prevention was meant to help faith leaders, business owners, educators and state and local officials make the best, expert-informed decisions as they begin to reopen.

It suggested such measures as using disposable dishes at restaurants, spacing out seating in buses and trains, restricting transit between hot spots and unaffected areas and keeping school kids in separate groups. Trump aides saw some of these as too restrictive and as hindrances to the economy.

In fact, many of the states moving to "reopen" don't even meet the much looser measures recommended weeks ago by Trump's administration. Asked about that Thursday, Trump indicated the buck stops with the governors. “We rely on them. We trust them. And hopefully they are making the right decisions,” he said.

COVID at Trump's service

One of Trump's personal valets has tested positive for coronavirus, the White House disclosed Thursday. The valet is a member of the military whose duties included serving him meals, NBC News reported.

The network's report said that after getting the news Wednesday, Trump became “lava level mad” at his staff and said he doesn’t feel they are doing all they can to protect him from the virus. But Trump told reporters on Thursday: “I’ve had very little contact, personal contact, with this gentleman.”

The White House said both Trump and Vice President Mike Pence have tested negative since the valet's infection was discovered.

Trump maintained that the incident showed the “fallacy” of calls for widespread nationwide testing because "even when you test once a day, somebody could, something happens where they catch something.” But he also said testing “once a day” was going to start in the White House.

State's aid ask: $60B

New York State said Thursday that it needs at least an additional $60 billion in direct federal funding, along with more from Medicaid and FEMA formula changes, in the next coronavirus aid package being crafted in Congress.

Newsday's Tom Brune reports that the massive request, which is part of the National Governors Association’s bid for a total of $500 billion for all states and territories, would be spread over three fiscal years. Under the terms the governors seek, the fund's uses would be unrestricted and could be used for revenue shortfalls.

Biden accuser: He should quit

Tara Reade, the former Senate aide accusing Joe Biden of a 1993 sexual assault, said in a video interview posted online that Biden “should not be running on character” and she wishes he would give up his race for president.

Biden, the presumptive Democratic nominee, has denied her allegations. Reade told interviewer Megyn Kelly, the former Fox and NBC host, that she was willing to repeat her story under oath and would take a polygraph test "if Joe Biden takes one." Excerpts from the interview went online Thursday.

Douglas Wigdor, a prominent sexual harassment attorney, said Thursday that his firm was now representing Reade. He also represented six of the women who accused film producer Harvey Weinstein of sexual misconduct. Wigdor donated about $55,000 to Trump's 2016 campaign, The Associated Press reports.

More coronavirus news

See a roundup of the latest pandemic developments from Long Island and beyond by Newsday's reporting staff, written by Bart Jones. For a full list of Newsday's coronavirus stories, click here.

What else is happening:

  • Barr was asked during the CBS interview on Flynn: "When history looks back on this decision, how do you think it will be written?" He began his answer: "Well, history is written by the winners. So it largely depends on who's writing the history." He added, "A fair history would say that it was a good decision."
  • Trump campaign manager Brad Parscale, touting a $10 million Biden-bashing ad blitz, compared the operation he is commanding to the "Death Star" weapons platform from "Star Wars." Biden's campaign, among many other users on Twitter, pointed out that the villains' "Death Star" gets destroyed by the good guys in the movie.
  • New York-area hospitals treating COVID-19 patients have pulled back on prescribing hydroxychloroquine, the antimalaria drug Trump touted as a coronavirus treatment, according to cable news station NY1. Though clinical trials continue, "we know now it probably doesn’t help much," said Dr. Thomas McGinn, deputy physician in chief at Northwell Health.
  • Trump's refusal to wear a protective mask in public is based in part on fears that he would look ridiculous and that the image would appear in negative ads, The Associated Press reported.
  • Three Democrats on the Senate Foreign Relations Committee are demanding answers from the Trump administration on how much it knew about a botched attempted raid by private mercenaries to capture Venezuelan President Nicolas Maduro. A firm run by the group's Florida-based mastermind says it has provided security at Trump rallies.
  • Trump took a night off from Twitter on Wednesday, but Steven Mnuchin was part of another spectacle on the platform: The Treasury secretary traded insults with heavy-metal legend Axl Rose, the Guns N’ Roses frontman.
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