Michael Flynn case: Justice Department proceedings ‘are gross abuse of prosecutorial power’, says court-appointed lawyer
John Gleeson, a lawyer appointed in court, also argued that Flynn should be convicted of lying, including that he lied in court for confessing his crimes and then denied them.
Gleeson, looking at Flynn’s complete case record, argued that Flynn’s recent support for the Justice Department was so politically favorable to President Donald Trump and atypical of prosecutors, that it undermined public confidence in the rule of law.
“The facts surrounding the government’s motion are clear evidence of gross prosecutorial abuse. They reveal an unconvincing effort to cover up a legitimate dismissal decision based solely on the fact that Flynn is a political ally of President Trump,” Gleeson wrote U.S. District Judge Emmet Sullivan on Wednesday.
The Justice Department “rejected that responsibility” for prosecuting defendants without fear or favoritism, Gleeson wrote, “trying to provide special treatment to a favored friend and political ally of the U.S. president,” capturing what many critics of Attorney General William Barr and Trump, especially in legal community, they argued.
“He treated the case like no other and thus undermined public confidence in the rule of law,” he wrote.
Unusual territory
Gleeson made the argument Wednesday after Sullivan under oath asked for his analysis of Flynn’s statements and asked him to oppose a Justice Department request to dismiss Flynn’s case.
Gleeson’s application highlights the unusual territory in which Flynn’s trial found itself and the legal issues that Sullivan now prevails over. Flynn is also trying to briefly consider the Sullivan case, which is why the DC Court of Appeals has also considered whether Gleeson can decide the case and whether the case must be dismissed immediately.
Flynn pleaded guilty before two federal judges to lying to the FBI about his contacts with the Russian ambassador in late 2016, when he asked Russia not to retaliate against Obama administration sanctions for meddling in the election and to separate from the Obama administration in the upcoming UN vote. -u about Israel. He collaborated for a year in interviews with the Special Attorney’s Office and the Federal Grand Jury on his interactions with Russia and on his work in lobbying for Turkey in 2016, before renouncing his recognition.
Barr then decided last month to dismiss Flynn’s accusation. The Justice Department argues that Flynn’s lies were not “material” investigations because Flynn should never have been under investigation for his interactions with Russian officials.
The case has become a cornerstone for Trump and his supporters as they continue to criticize the Russian investigation and Mueller’s prosecution of several collaborators of the Trump campaign. It also prompted Barr’s critics, including Gleeson, to claim that Trump corrupted Justice Department legal decisions and that Barr bent down to let Trump’s political desires undermine Mueller’s work and easily stay on his former adviser.
Sullivan, handling Flynn’s case at trial, was reluctant to dismiss the charge.
Gleeson said Wednesday that it is not necessary for Sullivan to consider holding Flynn in criminal contempt for forgery. Instead, the judge could be part of Flynn’s obstruction of his court proceedings as part of the sentence.
‘Among the boldest defendants’
Gleeson nailed Flynn for trying to claim innocence two years after he signed a plea agreement.
“The false rejection of the guilty plea at eleven o’clock and the tacit accusation of disrespecting the authorities constitute an obstruction to the administration of justice,” Gleeson wrote.
“Flynn did not simply try to withdraw his guilt, but did so by mounting a frontal attack on the integrity of the investigation. This is deliberately obstructive … Flynn’s apparent attempt to manipulate the system is particularly fascinated given the circumstances,” he added, noting Flynn’s history as a U.S. military general. and a senior intelligence officer. “He ranks among the boldest defendants to come before any court.”
Sullivan would punish Flynn – who could range from up to five years in prison – would be a way to restore order in the justice system, Gleeson wrote. Sullivan said earlier that he believes Flynn deserves prison time.
Several Trump and Flynn supporters – including the Justice Department, Republican members of Congress and Republican attorneys – argued that the court must follow DOJ decisions on whether or not the defendant should be prosecuted. They advocated that the case be dismissed quickly without Flynn being convicted.
Some, including his legal defense team, have also publicly begged Trump to forgive Flynn.
Gleeson found that the actions of the Department of Justice in this case raised too many questions for a judge to accept a dismissal of a case.
Flynn is trying to prevent Sullivan from postponing a Justice Department request for his dismissal, an appeal against his appointment as Gleeson. A panel of three courts in the DC District Court of Appeals will hear arguments as to why Sullivan should or should not still control the case this Friday.
Gleeson was a federal judge in New York City for 22 years and is now a partner in New York City with the elite law firm Debevoise & Plimpton. Prior to his appointment by Sullivan, he was a co-author of an editor at the Washington Post claiming that Sullivan held control of the Flynn case, questioning the Justice Department’s actions in it.
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