Former federal prosecutor says Flynn 'in the clear' after DOJ asks to dismiss case

Former federal prosecutor Andrew McCarthy told "The Daily Briefing" Thursday that former National Security Adviser Michael Flynn is "in the clear" after the Justice Department moved to drop its case against the retired Army lieutenant general.

The DOJ move comes after internal memos were released last week raising serious questions about the nature of the interview that led to Flynn pleading guilty to a single count of lying to investigators.

"This case is very problematic," McCarthy said. "The prosecutor on this case has a lot of questions to answer. There were indications that all the disclosures that should have been made to the court in connection with the plea, including whether there was a commitment not to prosecute Flynn’s son -- that doesn’t seem to have been disclosed."

DOJ DROPS CASE AGAINST MICHAEL FLYNN IN WAKE OF INTERNAL MEMO RELEASE

McCarthy added that "a lot" of exculpatory material and evidence was withheld from Flynn and his legal team and noted that much of the prosecution of Flynn hinged on the testimony of two FBI agents -- Peter Strzok and Joe Pientka, both of whom were prominent in the FBI's Russia investigation.

"[Pientka also] has a lot of participation in the [Foreign Intelligence Surveillance Act] applications that were made to the FISA court in connection with Carter Page that we now know are very problematic," he added.

McCarthy also discussed the rare nature of Flynn's case.

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"This seems huge to me," he remarked "It's not only unusual in that it’s White House staff being investigated, you have a situation where Flynn was squeezed into being indicted after the agents decided not to charge him -- and then ... pled guilty twice and yet maintained his innocence."

U.S. District Judge Emmet G. Sullivan has the final say over whether the case against Flynn will be formally dismissed.

Fox News' Brooke Singman contributed to this report.