Andy McCarthy: Judge doesn't like that DOJ is dismissing Flynn case
Judge appoints outsider to argue against dismissal of charges in Flynn case; Fox News contributor Andy McCarthy weighs in.
Former federal prosecutor Andy McCarthy told "Outnumbered Overtime" Thursday that President Trump should not pardon former National Security Adviser Michael Flynn because Flynn doesn't want a pardon.
WATERGATE PROSECUTORS WHO WANT TO WEIGH IN ON FLYNN CASE INCLUDE DEM DONORS, OUTSPOKEN TRUMP CRITICS
Former Deputy Independent Counsel Sol Wisenberg told "America's Newsroom" Wednesday night that U.S. District Judge Emmet Sullivan may be trying to force Trump to pardon Flynn by drawing out the case and roping in retired federal Judge John Gleeson as an amicus curiae or a "friend of the court."
"Let's say that President Trump doesn't win reelection and you have a Democratic administration," Wisenberg said. "It is still within the statute of limitations for that administration to charge General Flynn with perjury for the statements he made under oath in his plea hearing. So, the most protection for General Flynn is a pardon."
FILE - In this Jan. 3, 2017 file photo, National Security Adviser-designate Michael Flynn arrives at Trump Tower in New York. Some of President-elect Donald Trump’s most important Cabinet choices are at odds with him on matters that were dear to his heart as a campaigner and central to his promises to supporters. For the Pentagon, the CIA, the State Department and more, Trump has picked people who publicly disagree with him on some cornerstones of his agenda In confirmation hearings.(AP Photo/Andrew Harnik, File) (The Associated Press)
"I don't think so, not yet," McCarthy said when asked about Wisenberg's remarks. "I don't think General Flynn wants a pardon. I think he wants the authority that indicted him to say that there wasn't a case. I think as a last resort, he would take the pardon, but I think that you know there [are] other rounds to be played, here."
Flynn's case returned to the national spotlight last week after the Department of Justice (DOJ) moved to dismiss the case against him. Flynn pleaded guilty in December 2017 of lying to the FBI about conversations with Russia's ambassador to the U.S., a plea that he later sought to withdraw.
Trump allies claim Flynn was wrongly targeted, and have suggested high-level involvement in an effort to bring him down. Democrats, however, claim the DOJ's decision to abandon the case shows how it has become politicized.
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"It's the Justice Department's authority. It's within its Constitutional authority to dismiss this case," McCarthy told host Harris Faulkner. "And I don't think you go right to a pardon just because you have a district judge who is acting in a way that doesn't comport with what a district judge is supposed to do. So you go up to the court of appeals first."
Fox News' Tyler Olson and Brooke Singman contributed to this report.
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