LOL
Flynn’s Lawyers File Motion Demanding Federal Judge Grant DOJ’s Request to Drop Case Against Him

Attorneys for Michael Flynn, who pleaded guilty to lying to the FBI twice, have decided they are not pleased the judge in the case is pursuing possible contempt of court charges and hasn’t blindly granted the Dept. of Justice’s motion to drop all charges against him. On Tuesday Flynn’s lawyers filed a 36-page motion in federal appeals court demanding the judge in his case let him off scot-free.
Joshua Geltzer, the Executive Director of the Institute for Constitutional Advocacy and Protection and a Georgetown Law professor called the move “Bonkers.”
Whoa.
I didn’t think Flynn & his lawyers could find a way to anger his judge even more.
But they just did.
Running to an appeals court partly to stop a brief specifically requested by the judge even from being filed??
Bonkers. https://t.co/3Hz4PzegCV
— Joshua A. Geltzer (@jgeltzer) May 19, 2020
Last week Judge Emmet Sullivan surprised all parties by tapping a retired judge to criminal contempt charges for perjury were warranted. Flynn swore in court he lied to the FBI, then retracted that plea.
The retired judge, John Gleeson, was also appointed to “present arguments in opposition to the government’s Motion to Dismiss.”
By law the judge is required to rule based on what is best for the people, not Flynn.
Judge Gleeson had penned an op-ed titled, “The Flynn case isn’t over until the judge says it’s over.” In it, he argued the DOJ’s “record reeks of improper political influence.”
“The department now says it cannot prove its case,” Gleeson adds. “But Flynn had already admitted his guilt to lying to the FBI, and the court had accepted his plea.”
In it he also suggested the Dept. of Justice is a party to corruption and political influence.
Former federal prosecutor Glenn Kirscher, now an NBC News and MSNBC legal analyst, called the move a “stunt,” and “desperate and frivolous.”
This is a stunt by Flynn’s lawyers. A writ of mandamus is appropriate ONLY when a judge is legally required to do something & refuses. The applicable rule of procedure ITSELF indicates the judge has a say in deciding the motion to dismiss. This is a desperate play by Flynn/Barr. https://t.co/RNYSqdAJDU
— Glenn Kirschner (@glennkirschner2) May 19, 2020
The attempt by Flynn’s lawyers to get the appellate court to force Judge Sullivan to dismiss Flynn’s case (via a writ of mandamus) is equal parts desperate and frivolous, and should be summarily rejected. Courts should combat – not capitulate to – corruption.
— Glenn Kirschner (@glennkirschner2) May 19, 2020
This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
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