Flynn’s New Argument Is Constitutional Nonsense
The integrity of prosecution is an executive concern, but it’s a judicial one too.
by Peter M. Shane
May 18, 2020
4 minutes
Predictably, the lawyers for Michael Flynn, President Donald Trump’s former national security adviser, are unhappy about the refusal of U.S. District Judge Emmet G. Sullivan to immediately green-light dropping his prosecution. The Federal Rules of Criminal Procedure the Justice Department to withdraw the Flynn indictment only “with leave of court.” In considering such leave, Sullivan has decided to allow independent groups and legal experts to submit briefs on the issue. Presumably yet more upsetting to Flynn and his counsel, Sullivan has appointed a former federal judge, John Gleeson, to oppose the Justice Department’s request and to examine whether Flynn may
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