President Trump told his trusty Attorney General to drop the charges Michael Flynn pled guilty to that the FBI had him cold…
Barr complied…
The judge over the case hasn’t….
Neither has a another judge appointed by the first judge to investigate the dropping of the charges….
It gets REALYY sideways the more you find out about this whole thing….
Accusing the Justice Department of a “gross abuse of prosecutorial power,” a former mafia prosecutor and retired federal judge urged a court on Wednesday to reject the Trump administration’s attempt to drop the criminal case against Michael T. Flynn, President Trump’s former national security adviser.
“The government has engaged in highly irregular conduct to benefit a political ally of the president,” wrote John Gleeson, who was appointed to a special role to argue against the Justice Department’s unusual effort to drop the Flynn case. He added: “Leave of court should not be granted when the explanations the government puts forth are not credible as the real reasons for its dismissal of a criminal charge.”
But Mr. Gleeson also argued in a 73-page brief that Mr. Flynn should not be held in criminal contempt of court for lying under oath when he gave conflicting statements about his actions. Instead, he wrote, the federal judge overseeing Mr. Flynn’s case, Emmet G. Sullivan, should take that behavior into account when imposing a sentence on Mr. Flynn.
The Justice Department “has treated the case like no other, and in doing so has undermined the public’s confidence in the rule of law,” Mr. Gleeson wrote. “I respectfully suggest that the best response to Flynn’s perjury is not to respond in kind. Ordering a defendant to show cause why he should not be held in contempt based on a perjurious effort to withdraw a guilty plea is not what judges typically do.”….
image…CNN
Update….
(Trump may have to go ahead and pardon Flynn if he wants to keep him out of jail)
A divided federal appeals court on Friday seemed reluctant to order the judge presiding over former national security adviser Michael Flynn’s prosecution to dismiss the case ahead of scheduled arguments in the trial court next month.
During a Friday hearing before a three-judge panel of the D.C. Circuit Court of Appeals, two judges expressed reservations about preventing U.S. District Judge Emmet Sullivan from ruling on the Department of Justice’s (DOJ) motion to dismiss Flynn’s criminal case….
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If a majority of the three-judge panel declines to intervene, then oral arguments over DOJ’s motion to dismiss are expected to take place next month in the U.S. District Court in D.C. with Sullivan presiding….
More….