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Gen. Flynn Scores Huge Win Against DOJ


General Flynn Scores A Huge Win Against DOJ

Lt. General Michael Flynn just received some good news in his current $50 million dollar lawsuit against the US government for malicious prosecution.

A Federal Judge has rejected the DOJ’s attempt to move Flynn’s case to DC from Florida.

District Judge Mary Scriven in a ruling stated “The only party who would clearly be inconvenienced by relocation of this action to the DDC is Plaintiff, who would be forced to litigate outside of his home state. The Government is not over burdened by litigating here.”

The ruling by the judge is huge considering Flynn will have a better shot at winning in the red state of Florida then in DC.

Here’s what Just the News reported:

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federal judge has rejected the Department of Justice’s request to move legal proceedings over former Trump National Security Advisor Michael Flynn’s malicious prosecution claims to Washington, D.C.

“In sum, the Court concludes that the interests of justice weigh against transfer of this case to the DDC. Plaintiff is entitled to seek redress in his home forum, and Defendant’s Motion presents no overwhelming need to disturb that choice,” wrote District Judge Mary Scriven in a June 12 order. “The only party who would clearly be inconvenienced by relocation of this action to the DDC is Plaintiff, who would be forced to litigate outside of his home state. The Government is not over burdened by litigating here.”

Earlier this year, Flynn filed a $50 million claim against the government for malicious prosecution in connection with the now-thoroughly debunked Trump-Russia collusion hoax. Flynn brought the case in the United States District Court for the Middle District of Florida’s Tampa Division. He is a Florida resident.

Flynn briefly served as former President Donald Trump’s national security advisor, but quickly became the subject of FBI scrutiny as part of special counsel Robert Mueller’s investigation. A retired three-star general, Flynn initially pleaded guilty to a charge of lying to the FBI but requested to withdraw the plea in light of the emergence of exculpatory evidence showing the bureau did not believe he had lied to its agents. Moreover, said agents actively tried to shutter the case against him, but were overruled by their superiors.

Under Cover DC added these details:

This past week the judge in the case, Flynn v. US, ordered that the venue will NOT change to DC, and the case will remain in Florida.

First, the judge gets into legal standard. The power to transfer a case to a different jurisdiction lies squarely in the hands of the judge overseeing the case. A venue can be moved to avoid inconvenience to the litigants, witnesses, and public and to conserve time, energy, and money.

The court needs to consider two factors when determining whether to transfer a case.

1. The court must find that the alternative venue is one where Plaintiff could have originally brought the action.

2. The court must determine whether the transfer serves the interest of justice and significantly impacts the balance of the parties.

A Plaintiff’s choice of venue generally shouldn’t be disturbed unless the Defendant can show that it is *clearly* outweighed by other considerations.



 

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