How the Judge In the Flynn Case Is Delaying His Justice

Posted: May 12, 2020 8:00 PM
How the Judge In the Flynn Case Is Delaying His Justice

Source: AP Photo/Manuel Balce Ceneta

The judge overseeing Michael Flynn's case on Tuesday put a halt to the Justice Department's efforts to dismiss the case against the former national security adviser for lying to the FBI. Judge Emmet Sullivan said he wasn't ready to make a decision on the case. Instead, he wanted to allow amicus curiae – friend of the court – briefs from outside groups.

"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 pursuant to Local Civil Rule 7(o)," the judge wrote. 


Sullivan's decision is the latest twist in an extraordinary development in Flynn's fight to undo his decision to plead guilty to lying to the FBI in 2017. Flynn admitted that he lied to FBI agents who visited him at the White House in an interview that took place just days after Trump took office. The FBI agents reported that Flynn denied speaking about his pre-inauguration contacts with Russia's ambassador to the United States, contradicting intercepts of those conversations captured by the intelligence community.

Trump fired him after Flynn repeated those positions to Vice President Mike Pence, and he later aided special counsel Robert Mueller's investigation as part of his plea agreement.

But Flynn reversed his posture last year, accusing the government of misconduct and moving to withdraw his guilty plea.

Amid efforts to unravel the plea, Justice Department leaders reversed course and decided to drop the case against Flynn, citing improper actions by the FBI in its decision to interview Flynn in the first place. The career prosecutor assigned to the case, Brandon van Grack, withdrew, and the department's notice to Judge Sullivan was signed only by a close ally of Attorney General William Barr.

Jenna Ellis, the Trump campaign's senior legal advisor, pointed out the facts of the case:

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