Barr Installs Outside Prosecutor to Review Case Against Michael Flynn, Ex-Trump Adviser
WASHINGTON — Attorney General William P. Barr has assigned an outside prosecutor to scrutinize the criminal case against President Trump’s former national security adviser Michael T. Flynn, according to people familiar with the matter.
The review is highly unusual and could trigger more accusations of political interference by top Justice Department officials into the work of career prosecutors.
Mr. Barr has also installed a handful of outside prosecutors to broadly review the handling of other politically sensitive national-security cases in the U.S. attorney’s office in Washington, the people said. The team includes at least one prosecutor from the office of the United States attorney in St. Louis, Jeff Jensen, who is handling the Flynn matter, as well as prosecutors from the office of the deputy attorney general, Jeffrey A. Rosen.
Over the past two weeks, the outside prosecutors have begun grilling line prosecutors in the Washington office about various cases — some public, some not — including investigative steps, prosecutorial actions and why they took them, according to the people. They spoke on condition of anonymity to discuss the sensitive internal deliberations.
The Justice Department declined to comment.
The intervention has contributed a turbulent period for the prosecutors’ office that oversees the seat of the federal government and some of the most politically sensitive investigations and cases — some involving President Trump’s friends and allies, and some his critics and adversaries.
This week, four line prosecutors quit the case against Roger Stone Jr., Mr. Trump’s close adviser, after Mr. Barr overruled their recommendation that a judge sentence him within sentencing guidelines. Mr. Barr’s intervention was preceded by criticism of the original sentencing recommendation by Mr. Trump and praised by him afterward, and Mr. Barr on Thursday publicly asked Mr. Trump to stop commenting about the Justice Department.
The moves amounted to imposing a secondary layer of monitoring and control over what career prosecutors have been doing in the Washington office. They are part of a broader turmoil in that office coinciding with Mr. Barr’s recent installation of a close aide, Timothy Shea, as interim United States attorney in the District of Columbia, after Mr. Barr maneuvered out the Senate-confirmed former top prosecutor in the office, Jessie K. Liu.
Mr. Flynn’s case was first brought by the special counsel’s office, who agreed to a plea deal on a charge of lying to investigators in exchange for his cooperation, before the Washington office took over the case when the special counsel shut down after concluding its investigation into Russia’s election interference.
Mr. Flynn’s case has been bogged down in recent months by his lawyers’ unfounded claims of prosecutorial misconduct; a judge has already rejected those accusations. Mr. Flynn then asked to withdraw his guilty plea, which he first entered in December 2017. His case has become a cause célèbre for Mr. Trump’s supporters.
On Tuesday, Mr. Barr and Mr. Rosen overruled career prosecutors’ recommendation that a judge sentence Mr. Trump’s friend Roger Stone Jr. to seven to nine years in prison after a jury found him guilty of witness intimidation and several false statements charges, in accordance with standard sentencing guidelines, and insisted on a lower recommendation.
After Mr. Trump complained that the sentence for Mr. Stone — who had refused to cooperate with prosecutors by telling the special counsel, Robert S. Mueller III, what he knew about Mr. Trump and WikiLeaks — all four career prosecutors quit the case.
Mr. Barr on Thursday gave an interview in which he publicly called on Mr. Trump to stop commenting on the Justice Department, saying it was making it impossible for him to do his job. But Mr. Trump said on Friday he had every right to tell the Justice Department what to do in criminal cases.
President Trump had nominated Ms. Liu for a top Treasury Department position in December, and she initially told her colleagues that she would stay on until her confirmation. But Mr. Barr then asked her to leave early, and she was given a temporary role at the Treasury Department, clearing the way for him to install Mr. Shea in her place.
Charlie Savage and Adam Goldman reported from Washington, and Matt Apuzzo from Brussels. Katie Benner contributed reporting from Washington.
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