Posts tagged with "Judge Emmet Sullivan"

Judge appoints ‘hard-charging former prosecutor and judge’ to take on DOJ in Flynn case

May 15, 2020

Not so fast: Although the Department of Justice, led by Attorney General Bill Barr, dropped charges against Michael Flynn on May 7, Judge Emmet Sullivan—the federal adjudicator on the case—refused to simply fall in line.

After reassessing the evidence and arguments against President Donald Trump’s former national security adviser, Judge Sullivan appointed “a hard-charging former prosecutor and judge”on Wednesday, May 13, to oppose the DOJ’s effort to drop the case and to explore a perjury charge against Flynn, The New York Times reported.

The Times noted that the appointment of retired judge, John Gleeson, was an “extraordinary move in a case with acute political overtones.” Flynn had pleaded guilty twice to lying to investigators as part of a larger inquiry into Russia’s interference in the 2016 election.

Flynn later began fighting the charge and sought to withdraw his guilty plea. Then last week, the Justice Department abruptly moved to drop the charge after a long campaign by President Trump and his supporters, prompting accusations that Attorney General Bill Barr had undermined the rule of law and further politicized the department.

Judge Sullivan also asked Judge Gleeson to explore the possibility that by trying to withdraw his pleas, Flynn opened himself to perjury charges.

The Justice Department declined to comment, when contacted by the Times. Judge Gleeson did not respond to a request for comment. Judge Sullivan had said on Tuesday that he would consider briefs from outsiders known as amicus curiae, or “friend of the court,” who opposed the government’s request to dismiss the case against Flynn.

While judges do sometimes appoint such third parties to represent an interest they feel is not being heard in a case, Judge Sullivan’s move was highly unusual, Samuel Buell, a former federal prosecutor who now teaches criminal law at Duke University, told the Times.

Judge Sullivan, he said, is essentially bringing in an outsider to represent the point of view of the original prosecutors, who believed Flynn had committed a crime before Barr intervened and essentially replaced them with a prosecutor willing to say he had not.

“This is extraordinary for the judge to appoint somebody to argue against a prosecutors’ motion to dismiss a criminal case,” Buell told the news outlet. “But it’s extraordinary for a prosecutor to move to dismiss this sort of criminal case.”

Research contact: @nytimes

Trump calls Michael Flynn ‘a hero’ after DOJ drops charges

May 11, 2020

Thanks to Attorney General Bill Barr, former National Security Adviser Michael Flynn may now be free and clear of the federal charges to which he pleaded guilty in December 2017—and President Donald Trump is a happy man.

After Barr’s Department of Justice dropped charges on May 7, Trump—who has said that he would be open to bringing Flynn back to the White House—showered praise on his former aide, calling him “an innocent man,” “a great gentleman” and “a hero,” according to a report by Forbes.

Indeed, the president has been a strong supporter of Flynn throughout the three years that the case against him has been on the books : In February 2017, after just weeks on the job, Flynn was (reluctantly) fired from his post at the White House after he gave false statements about his relationship with former Russian Ambassador Sergey Kislyak to Vice President Mike Pence, FBI investigators, White House aides, and the media.

Flynn admitted to talks with the ambassador prior to Trump’s inauguration, during which he had promised to ease Russian sanctions instituted by the Obama administration, the news outlet noted. In pleading guilty, Flynn said “I recognize that the actions I acknowledged in court today were wrong, and, through my faith in God, I am working to set things right …. I accept full responsibility for my actions.”

Nevertheless, after the Justice Department moved to drop charges against Flynn for lying to the FBI (and others in the administration) about Russian contacts, Trump celebrated the news and launched into a rant about the Justice Department under President Barack Obama—saying the department’s investigation into Flynn was treasonous, Forbes reports.

Treason, which carries a penalty of death, has a strict definition: “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere.”

However, Forbes said, Trump hurled insults at the former administration, calling them “dishonest crooked people” and “human scum,” while also claiming the media is “very complicit” and that people who won Pulitzer Prizes for their reporting are “not journalists, they’re thieves.”

Indeed, according to Forbes, Trump and Flynn’s team have latched on to newly unsealed documents that they claim showcase corruption in Flynn’s charging. Handwritten notes from the FBI detail how they will conduct an interview with Flynn in 2017. “What’s our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired? If we get him to admit to breaking the Logan Act, give facts to DOJ and have them decide. Or, if he initially lies, then we present him [redacted] and he admits it, document for DOJ and let them decide how to address it.”

The notes also say, “If we’re seen as playing games, [White House] will be furious. Protect our institution by not playing games ….We regularly show subjects evidence, with the goal of getting them to admit their wrongdoing. I don’t see how getting someone to admit their wrongdoing is going easy on him.”

What will happen next? Judge Emmet Sullivan, the presiding judge on the case, is no pushover. While the DOJ has dismissed its charges, Sullivan knows that Flynn pleaded guilty—and may be unlikely to let him off so easily. He is also is not likely to introduce the equivocal and inconclusive new documents at this juncture.

Stay tuned.

Research contact: @Forbes