The move drew furious criticism from congressional Democrats and others who accused the department and Attorney General William Barr of politicizing the U.S. criminal justice system by bending to Trump's wishes and improperly protecting his friends and associates in criminal cases.

Flynn, a retired Army lieutenant general who served as an adviser to Trump during the 2016 campaign, had been seeking to withdraw his 2017 guilty plea in which he admitted to lying to the FBI about his interactions with Russia's U.S. ambassador Sergey Kislyak in the weeks before Trump took office.

The Justice Department filed a motion to dismiss the charges with U.S. District Judge Emmet Sullivan, who has presided over the case and has a reputation for fierce independence.