Judge Slows Down DOJ Dismissal Of Michael Flynn Charges

(FreedomJournal.Org)-Not so fast, Michael Flynn. Your charges won’t be dropped that easily.
On Tuesday, Judge Emmet G. Sullivan of the United States District Court for the District of Columbia slowed down the Justice Department’s wishes to dismiss all charges against Flynn, President Donald Trump’s former national security adviser who twice pled guilty to lying to the FBI.
In his order, Sullivan said he has some skepticism about the DOJ’s argument that Flynn shouldn’t have been charged in the first place. While he didn’t directly address the motion to drop the charges, Sullivan said he’d set a schedule for parties to argue against the department’s request to drop the charges.
Flynn was originally set to be sentenced in February, but a judge put a halt on that as Flynn and his new legal team were filing motions to dismiss the case due to new evidence emerging that Flynn’s conversation with FBI agents didn’t constitute a crime. His new lawyers also argued his original legal team didn’t properly apprise him of all his defense options.
Last week, the Department of Justice, led by Attorney General William Barr, filed a motion with Sullivan to have the case against Flynn thrown out. The move came two-and-a-half years after Flynn originally pled guilty to making false statements to federal authorities, which is a felony charge.
None of the prosecutors who worked on the case originally signed Barr’s motion, and one even withdrew from the case entirely.
Sullivan does have some limited discretion about whether he accepts the DOJ’s decision to have the case thrown out. He used his power of amicus curiae, known as “friend of the court,” to consider briefs from outside people and organizations before making a final determination.
Flynn’s current legal team denounced the judge’s decision almost immediately after it was announced. The team filed a motion after Sullivan issued his order, which read:
“The court has consistently — on twenty-four (24) previous occasions — summarily refused to permit any third party to inject themselves or their views into this case. Only the Department of Justice and the defense can be heard.
“Former prosecutors are all free to submit opinion pieces to assorted media outlets — as many have already done — but this court is not a forum for their alleged special interest.”
This case has been one broiled in controversy ever since it began. Many have wondered publicly whether Barr and the Justice Department were pressured by Trump to throw out the case. Trump has said the entire ordeal was a sham right from the beginning.
Barr recently initiated a review of Flynn’s prosecution, assigning a U.S. attorney in St. Louis to re-examine it, even though Flynn’s case was being handled in the District of Columbia. That attorney, Jeff Jensen, said he found a number of mistakes and misjudgments by prosecutors and FBI agents, and he ultimately recommended the case be dropped.
That’s exactly what the DOJ is trying to do. But legal experts say it’s a tall mountain to climb in Flynn’s case. As Nancy Gertner, who is a law professor at Harvard Law School and is a former federal judge, told the New York Times:
“The judge could be concerned this is cronyism. I would predict that he holds a hearing and has the prosecutors justify the decision they made.
“When a defendant has gone all the way down the line to pleading guilty, the bar to dismiss has to be high.”