Court-appointed former judge accuses Flynn of perjury, urges court to not drop charges
A former judge appointed to argue against the Department of Justice's (DOJ) extraordinary decision to drop charges against Michael Flynn argued on Wednesday that the former national security adviser committed perjury and urged a federal judge not to let the Trump administration drop its case.
John Gleeson, who was tapped by the court to argue against the DOJ's decision, wrote that while there's evidence that Flynn committed perjury, the court should refrain from charging him over misstatements he allegedly made during the case. Gleeson also accused the DOJ of "gross abuse of prosecutorial power."
"The Government’s ostensible grounds for seeking dismissal are conclusively disproven by its own briefs filed earlier in this very proceeding," Gleeson wrote. "They contradict and ignore this Court’s prior orders, which constitute law of the case. They are riddled with inexplicable and elementary errors of law and fact. And they depart from positions that the Government has taken in other cases."
Judge Emmet G. Sullivan, the Clinton-appointed judge overseeing the Flynn case, responded to the DOJ's surprise motion to withdraw its case by tapping Gleeson to present a counter-argument.
Flynn's lawyers have pushed back on the move, asking the D.C. Circuit Court of Appeals to intervene by ordering Sullivan to grant the DOJ's motion outright, arguing that Gleeson's appointment as third-party counsel is unconstitutional because it takes prosecutorial power away from the executive branch.
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