DOJ Dismisses Flynn? Not So Fast. (LegalEagle’s Law Review)

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  • Published on:  Sunday, May 17, 2020
  • The DOJ tries to dismiss the Flynn case. The Judge says isn’t hearing it.
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    Summary from NYT:

    On Tuesday night, less than a week after prosecutors filed a motion to drop the case against Mr. Flynn, who had pleaded guilty to a felony charge of making false statements to federal authorities, Judge Sullivan indicated he was willing to hear from outside legal experts before he decides how to rule. That appears to leave the door open for critics who claim that the motion is politically motivated. The department’s reversal followed months of pressure from Mr. Trump and his allies. Judge Sullivan showed the extent of his concern on Wednesday when he appointed a retired federal judge, John Gleeson, to present arguments against the government’s decision to drop the case, and to address whether Mr. Flynn may have committed perjury by seeking in January to withdraw his 2017 guilty plea. Judge Gleeson, a former United States District Court judge in Brooklyn, co-wrote an op-ed Monday in The Washington Post urging Judge Sullivan to “assess the credibility of the department’s stated reasons for abruptly reversing course,” and, potentially, to deny the motion and “proceed to sentencing.” Criminal defense lawyers and legal analysts in Washington said it was hard to predict how Judge Sullivan might act. While he has expressed personal “disgust” in court for Mr. Flynn’s actions, he has also displayed a low tolerance for the sort of prosecutorial misconduct that the Justice Department claims as a justification for ending its case against Mr. Flynn.


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