The case against former National Security Adviser Michael Flynn based on flimsy evidence needs to be investigated, civil liberties expert Alan Dershowitz told Newsmax TV.
The Justice Department convicted Flynn in 2017 of lying to the FBI about a conversation he had with a Russia's ambassador. Attorney General William Barr last week finally dropped the case against Flynn.
But Dershowitz said the federal government should have never brought the case forward to begin with.
"There are so many problems with the Flynn prosecution, the decision to investigate, the decision to ask him a question they knew the answer to because they had it on tape, the decision to indict, the decision to threaten his son, the decision not to turn over Brady material, the decision to allow him to plead guilty to something that wasn't even a crime. It is really putting our justice system on trial," Dershowitz told Monday's "Greg Kelly Reports."
When Barr dropped the case, several legal scholars expressed outrage in multiple New York Times articles. Mary B. McCord, former acting assistant attorney general for national security for the Justice Department, even said Barr "twisted her words" as justification to drop the case.
Dershowitz thinks these legal scholars are just playing partisan favorites.
"If this had happened to a Hillary Clinton supporter or a Barack Obama supporter, they'd be taking the civil liberties position," Dershowitz said.
Federal prosecutors pursued charges against Flynn by claiming he broke the Logan Act, an archaic, seldom-used law meant to punish those who misrepresent the U.S. government to foreign countries.
"The decision to open up an investigation against General Flynn on the pretext of the Logan Act, which has never been employed successfully against anybody and is a dead letter, has to be looked into," Dershowitz said.
Dershowitz added: "I approve of what Barr did, but now let's generalize, let's find out if there are other people in prison for the same reasons who shouldn't be in prison, who didn't commit crimes. Let's look more generally so it's not just an application to one particular case," Dershowitz said.
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