A retired judge urged a federal court on Wednesday never to let the Justice Department to dismiss its criminal case against President Donald Trump’s former adviser Michael Flynn, citing evidence of a “gross abuse of prosecutorial power.”
America district judge hearing the scenario, Emmet Sullivan, tapped John Gleeson last month to function as a “friend from the court,” right after the Justice Department abruptly asked a legal court to dismiss the criminal charge against Flynn, a retired Army lieutenant general.
The stunning move by your Justice Department followed a pressure campaign by Trump and his allies and came though Flynn had twice pleaded guilty to lying for the FBI about conversations with former Russian Ambassador to the usa Sergey Kislyak.
“The Department of Justice carries a solemn responsibility to prosecute this example – as with any 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 for a favored friend and political ally of this President of the usa.”
He said Sullivan should proceed with sentencing Flynn.
A Justice Department spokeswoman declined to comment beyond the government has argued in court filings.
Flynn was certainly one of several former Trump aides charged under former Special Counsel Robert Mueller’s investigation that detailed Moscow’s interference through the 2016 US presidential election.
Gleeson said there were “ample evidence within 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 for the FBI, in place of commencing a follow-on prosecution.
Despite admitting twice under oath to lying in to the FBI and agreeing to cooperate, Flynn later changed legal tactics along with his 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 supplied by government entities are extremely irregular, and for that reason obviously pretextual, that they are deficient,” Gleeson wrote in response. “They reveal an unconvincing effort to disguise as legitimate a conclusion to dismiss that is based solely on the truth that Flynn is a political ally of President Trump.”
Gleeson highlighted the conversations that Flynn had with Kislyak that contributed to 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 desired to avoid a “tit for tat” over sanctions the us imposed on Russia simply because of its interference through the 2016 election.
Flynn furthermore asked an appeals court to force Sullivan to just accept the request to lower true. Arguments if so are set for Friday.
“This Court must stop him (Sullivan) before he further jeopardizes the legitimacy in the federal judiciary,” Flynn told the appeals court inside a court filing on Wednesday.
Sullivan has said he cannot serve as a “rubber stamp” and should carefully look at the facts during this “unprecedented” request.