A retired judge urged a federal court on Wednesday not to allow the Justice Department to dismiss its criminal case against President Donald Trump’s former adviser Michael Flynn, citing proof a “gross abuse of prosecutorial power.”
The Usa district judge hearing the situation, Emmet Sullivan, tapped John Gleeson last month to serve as a “friend with the court,” after the Justice Department abruptly asked the legal court to dismiss the criminal charge against Flynn, a retired Army lieutenant general.
The stunning move by way of the Justice Department followed a pressure campaign by Trump along with his allies and came despite the fact Flynn had twice pleaded guilty to lying to the FBI about conversations with former Russian Ambassador to the United States Sergey Kislyak.
“The Department of Justice boasts a solemn responsibility to prosecute this case – like every other case – without fear or favor,” Gleeson wrote. “It has abdicated that responsibility by way of a gross abuse of prosecutorial power, planning to provide special treatment to your favored friend and political ally of your President of the United States.”
He stated Sullivan should proceed with sentencing Flynn.
A Justice Department spokeswoman declined to comment beyond just what government has argued in the courtroom filings.
Flynn was an example of several former Trump aides charged under former Special Counsel Robert Mueller’s investigation that detailed Moscow’s interference within the 2016 US presidential election.
Gleeson said there is certainly “ample evidence while in the record that Flynn committed perjury,” or lied under oath.
He recommended that Sullivan take Flynn’s perjury into consideration when sentencing him for lying into the FBI, instead of commencing a follow-on prosecution.
Despite admitting twice under oath to lying to FBI and agreeing to cooperate, Flynn later changed legal tactics with his fantastic attorneys now allege the FBI entrapped him.
The Justice Department now says the FBI investigation that led to the charge lacked an adequate legal basis and that Flynn’s statements, even if untrue, were not material.
“The reasons proposed by the federal government are really irregular, and so obviously pretextual, they are deficient,” Gleeson wrote responding. “They reveal an unconvincing effort to disguise as legitimate a choice to dismiss which may be based solely on the point that Flynn is known as a political ally of President Trump.”
Gleeson highlighted the conversations that Flynn had with Kislyak that produced the false-statement charge, and compared them against how Flynn portrayed them throughout his January 2017 FBI interview.
A transcript showed Flynn telling Kislyak he want to avoid a “tit for tat” over sanctions the usa imposed on Russia to its interference through the 2016 election.
Flynn also asked an appeals court to make Sullivan to just accept the request to drop the case. Arguments in that case are positioned for Friday.
“This Court must stop him (Sullivan) before he further jeopardizes the legitimacy for the federal judiciary,” Flynn told the appeals court in a very court filing on Wednesday.
Sullivan has said he cannot serve as a “rubber stamp” and must carefully assess the facts in this particular “unprecedented” request.