A D.C. District Court judge asked by the Justice Department to dismiss its prosecution of ex-national security adviser Michael Flynn said he will receive written arguments on whether he should do so from people not involved in the case, several publications reported late Tuesday.
Judge Emmet Sullivan said he’ll set a schedule to receive “amicus curiae” or “friend of the court” briefs from third-party filings.
JUST IN: Judge in FLYNN Case indicates he's going to set a schedule to receive briefs from interested parties regarding the effort by DOJ to drop the case. pic.twitter.com/hE7hWSOxzl
— Kyle Cheney (@kyledcheney) May 12, 2020
Flynn, who served only weeks as President Trump’s national security adviser, pleaded guilty, as part of special counsel Robert Mueller’s Russia investigation, to lying to the FBI about conversations with the Russian ambassador to the United States during the presidential transition period.
“Given the current posture of this case, the Court anticipates that individuals and organizations will seek leave of the Court to file amicus curiae briefs,” Sullivan wrote in a statement posted in U.S. District Court.
Flynn’s lawyers quickly pushed back, arguing against any delay and that Sullivan has no choice but to dismiss the case.
“This travesty of justice has already consumed three or more years of an innocent man’s life — and that of his entire family,” the lawyers wrote. “No further delay should be tolerated or any further expense caused to him and his defense.”
Michael Flynn's lawyers oppose any outside voices weighing in on the Barr Justice Department's move to abandon the case. New court filing tonight: 'Only the Department of Justice and the defense can be heard.' https://t.co/WVdlSkpzpo pic.twitter.com/0JjLsrQZCY
— Mike Scarcella (@MikeScarcella) May 13, 2020
Legal experts agree Sullivan can refuse to allow the DOJ to withdraw the case, but they’ve shared differing opinions in doing so.
1/ This means folks like the 2000 former DOJ employees, including appointees of both political parties, who demanded Barr's resignation over his unwarranted dismissal of the Flynn case can make arguments to the court. This is a fascinating judge for this situation because https://t.co/Fpc0T2V6m6
— Joyce Alene (@JoyceWhiteVance) May 12, 2020
