The DOJ motion to dismiss only argues that the FBI interview which produced the lies was ill founded (it also contradicts the assertions the DOJ made in court), but more importantly it fails to mention the entirely separate Turkey issue.
Let’s take these one at a time and discuss the Turkey question later. The motion to drop the lying charge(s?) was not simply that the interview was “ill founded”; it’s much worse than that. There were any number of problems, starting with the obvious one that there was no basis for the interview in the first place.
Second, the charge made against Flynn requires more than proof of lying; the lie must be materially false to the matter under investigation. Given that there was no basis for the interview and that the FBI had a transcript of the phone call there was no possibility of materiality even if there was a lie. Given that the FBI even documented their doubts about the lie it was highly doubtful even the lying aspect could be successfully prosecuted.
But it gets worse. The FBI 302 was highly edited well after it had been written, was edited by Lisa Page (Strzok’s girl friend) who wasn’t part of the interview…and the original still hasn’t been produced by the FBI. The prosecution withheld exculpatory evidence from the defense team, some of which is still dribbling out.
And we’re not done…The DOJ compromised Flynn’s original legal defense team by suggesting they would be investigated for FARA violations on unrelated matters. It became in the law firm’s best interest to see Flynn convicted. This is one of Flynn’s justifications for withdrawing his guilty plea.
Aaaand finally, the DOJ threatened to go after Flynn’s son for a FARA violation unless Flynn cooperated (pled guilty), and failed to disclose that at the trial when all of the agreements were entered into the record.
But you are surely right in claiming the new DOJ assertions contradict those originally made in this case.