Constitutional scholar Jonathan Turley is taking aim at CNN for the network’s reporting on leaked audio of former President Barack Obama (D) expressing concern over the dropping of former National Security Adviser Michael Flynn’s case.
“CNN continues to report on Obama’s statement without noting that he was wrong on Flynn’s criminal charge and wrong on the lack of precedent,” Turley wrote.
He added, “Given its slogan ‘Facts First,’ it appears the facts are not even coming last. They are not coming at all.”
(resent) CNN continues to report on Obama's statement without noting that he was wrong on Flynn's criminal charge and wrong on the lack of precedent. Given its slogan "Facts First," it appears the facts are not even coming last. They are not coming at all. https://t.co/UQ58aLDB6T
— Jonathan Turley (@JonathanTurley) May 9, 2020
The Department of Justice moved to drop Flynn’s case on Thursday, as IJR reported.
Flynn had previously pleaded guilty to lying to the Federal Bureau of Investigation (FBI). He then sought to withdraw his plea earlier this year.
Turley’s comments come just after a conversation between Obama and former members of his administration leaked including his thoughts on Flynn’s case, as IJR reported.
“The news over the last 24 hours I think has been somewhat downplayed… And the fact that there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free,” Obama said.
He added, “That’s the kind of stuff where you begin to get worried that basic — not just institutional norms — but our basic understanding of rule of law is at risk. And when you start moving in those directions, it can accelerate pretty quickly as we’ve seen in other places.”
Turley linked to an article on his website titled, “President Obama Declares ‘There Is No Precedent That Anybody Can Find’ For the Flynn Motion [He May Want To Call Eric Holder].”
He listed four reasons as to why Obama’s statements are “curious.”
The first reason Turley lists is Flynn was never charged with perjury.
The second being there is “precedent for this motion even though…such dismissals are rare.”
The third reason Turley discusses is there is case law which deals with dangers of multiple prosecutions.
The final reason is, “There are cases where the Department has moved to dismiss cases on grounds of prosecutorial misconduct or other grounds touching on due process, ethical requirements or other concerns.”
Vice President Mike Pence also came to Flynn’s defense. He said he would be “happy” to see Flynn be a part of the administration again.