Senate Majority Leader Mitch McConnell (R-KY) complained Tuesday that Lt. Gen. Michael Flynn isn't being treated fairly because federal Judge Emmmet Sullivan refused to drop the case after the Department of Justice decided to let Flynn go for lying to the FBI, Politico reported.
“As if this debacle needed even more shocking behavior, I understand a federal judge may try to continue prosecuting one of these cases, even though the prosecution itself wants to drop it,” McConnell said on the Senate floor. “The judge has taken it upon himself to go browsing for other hostile parties. Obviously, that subverts our constitutional order in which the executive alone decides whether to prosecute cases.”
He implied that it was an example of anyone associated with President Donald Trump being treated unfairly.
It isn't unheard of for a prosecutor to decide to drop a case, in Flynn's case, however, the move came after Flynn had already pleaded guilty and made a public speech about his regret of lying to the FBI.
Since the DOJ has dropped the case Judge Sullivan appointed another former judge to look into the case outside of the DOJ.
McConnell then jumped on the bandwagon of Trump's latest Obama conspiracy theory.
“Certainly, you would think the outgoing Obama administration should only have used the awesome power of the federal government to pry into their political rivals if they had a slam-dunk basis for doing so. But that is not what they had,” the majority leader said.
When the FBI "pried" into Flynn's conversation it was because of the person Flynn was talking to: the Russian ambassador. They weren't monitoring Flynn or Trump. Also at the time of the monitoring, Trump was no longer a "political rival," he'd won the presidency and the election was over.
Minority Leader Chuck Schumer (D-NY) responded to McConnell saying he was spending more time focusing on a "wild conspiracy theory" while ignoring the urgent problems caused by the coronavirus pandemic.