‘Gross Abuse Of Power’: Federal Court Review Of Flynn Case Criticizes Justice Department

TOPLINE

A third party attorney appointed by a federal court in Washington, D.C., said Wednesday that the Justice Department failed to prosecute the case involving former national security adviser Michael Flynn with a “gross abuse of prosecutorial power” by “attempting to provide special treatment to a favored friend and political ally of the President of the United States.”

KEY FACTS

“It has treated the case like no other, and in doing so has undermined the public’s confidence in the rule of law,” said retired federal judge John Gleeson in the brief he filed Wednesday.

Gleeson also found Flynn to be guilty of committing perjury, which “deserves punishment,” recommending that the judge proceed with sentencing Flynn, rather than drop the case as Attorney General William Barr has done.

Gleeson was appointed to review the case by U.S. District Judge Emmet Sullivan to fight the government’s motion to dismiss the case and determine whether Flynn should be held in contempt of the court for either perjury or withdrawing his guilty plea. 

Meanwhile, Flynn’s legal team has challenged Sullivan’s ability to appoint Gleeson, which will be argued on Friday at Washington’s U.S. appeals court, according to the Wall Street Journal.

“Everything about this is irregular,” said Gleeson in the brief.

Crucial Quote

“The facts surrounding the filing of the Government’s motion constitute clear evidence of gross prosecutorial abuse. They reveal an unconvincing effort to disguise as legitimate a decision to dismiss that is based solely on the fact that Flynn is a political ally of President Trump,” wrote Gleeson in the brief.

Key Background

In early May the Justice Department dropped its case against former Trump national security adviser Michael Flynn—though Flynn had twice pleaded guilty to charges—saying the FBI’s counterintelligence investigation of Flynn was “untethered” and “unjustified.” This happened after a review from an outside prosecutor—who was assigned by Attorney General William Barr—recommended that the Justice Department drop Flynn’s case. 

Flynn pleaded guilty in Robert Mueller’s 2018 investigation, admitting that he lied to the FBI about conversations with Russian Ambassador Sergey Kislyak regarding election interference. In the early months of 2020, Flynn’s attorney’s alleged the FBI had mishandled the case, requesting to revoke Flynn’s guilty plea—which was denied by the judge. 

Further Reading

Justice Department Drops Michael Flynn Case (Forbes)

Flynn dismissal a surprise? AG Barr in sync with Trump (Associated Press)

‘Everything about this is irregular’: Ex-judge tapped to review Flynn case blasts Trump DOJ (Politico)

Outside Lawyer Recommends Sentencing Michael Flynn on Existing Charge, Criticizes Justice Department Conduct (Wall Street Journal)

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