Ex-Independent Counsel Robert Ray calls for dismissal of Michael Flynn case: 'Enough damage has been done'

Former Whitewater prosecutor Robert Ray told "Bill Hemmer Reports" Thursday that the release of documents showing top Obama administration officials -- including then-Vice President Joe Biden -- requested to "unmask" the identity of Michael Flynn" casts a "political color" to the motivations behind the investigation.

"The list of names seem to cast a political color to why the request was being made," Ray said.

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"We don't know yet until we see further documents and more testimony, but the list of names includes political operatives. And also it's significant in and of itself that it extends all the way up ... to and including the Oval Office, including the president and vice president of the United States."

The list of officials who requested the unmasked info, released Wednesday, also includes then-FBI Director James Comey, then-CIA Director John Brennan, then-Director of National Intelligence James Clapper, and then-White House chief of staff Denis McDonough.

On Tuesday, Biden denied having any knowledge of the Flynn investigation, forcing his Director of Rapid Response Andrew Bates to issue a statement Wednesday downplaying the latest revelations.

However, Ray said the notion "that one administration on the way out and another administration on the way in would be kept in the dark intentionally by the predecessor about what led to a criminal investigation is a frightening prospect."

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"If the unmasking was for the purpose of playing politics with intelligence and/or what ultimately led to the prosecution of Michael Flynn, that’s a whole matter altogether," he explained.

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U.S. District Judge Emmet Sullivan, who is presiding over Flynn's case, issued an order Wednesday appointing retired federal judge John Gleeson "to present arguments in opposition to the government's motion to dismiss" the matter -- and to consider whether the court should hold Flynn in contempt for perjury.

"I don't believe the judge has the authority to withhold the dismissal or the indictment," Ray said, "and if he doesn't do it at the end of the day, I expect that Michael Flynn's lawyers will go to the court of appeals in one fashion or another to have that judge overturned."

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"I have to say," Ray added, "at the end of the day, whatever record is made, I hope this is not delayed too much longer. Enough damage has been done to Michael Flynn."

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