Judge Emmet Sullivan appointed retire judge and attorney John Gleeson to submit a brief discussing whether federal prosecutors would be able to dismiss their case against Michael Flynn.
According to the Federal Rules of Criminal Procedure, prosecutors may dismiss a case “with leave of court.”
Gleeson wrote in his amicus curiae (“friend of the court”) brief, “Leave of court should not be granted when the explanations the Government puts forth are not credible as the real reasons for its dismissals of criminal charge.” He says the prosecutors’ reasoning is “riddled with inexplicable and elementary errors of law and fact” and should not justify dismissal.
Gleeson adds,” The rule empowers courts to protect the integrity of their own proceedings from prosecutors who undertake corrupt, politically motivated dismissals. That is what has happened here. The Government has engaged in highly irregular conduct to benefit a political ally of the President.”
In an interview with Fox News’ Bret Baier, Attorney General Bill Barr disputes this, claiming that Sullivan was encroaching on the Justice Department’s authority.
“The argument is that it’s always been understood that decisions whether to pursue an individual through the prosecution process or holding them criminally accountable is vested in the executive branch and hot the courts. And he is essentially, in our view, trying to set himself up as an alternative prosecutor,” says Barr.
Judge Sullivan also asked Gleeson to examine whether Flynn should be charged with perjury. He did say under oath that he was guilty, after all. Gleeson argued that Flynn did not perjure himself, however, this should factor into his sentencing but not be the basis for an additional charge.
Oral arguments have been scheduled for a D.C. Court panel this Friday morning.
