Houston Chronicle

Judge considers contempt charge for Flynn

- By Michael Balsamo

WASHINGTON — The judge presiding over Michael Flynn’s criminal case appointed a retired jurist Wednesday to evaluate whether the former Trump administra­tion national security adviser should be held in criminal contempt.

The judge’s order is the second signal in as many days registerin­g his resistance to swiftly accepting the Justice Department’s motion to dismiss all charges against Flynn.

In his order, U.S. District Judge Emmet Sullivan appointed former federal Judge John Gleeson as an amicus curiae — or friend-ofthe-court — and asked him to explore whether Sullivan should hold Flynn in “criminal contempt for perjury.”

Flynn pleaded guilty, as part of special counsel Robert Mueller’s Russia investigat­ion, to lying to the FBI about conversati­ons with the then-Russian ambassador to the United States during the presidenti­al transition period.

As part of the plea, he had to admit in court, under oath, that he lied to the FBI and violated federal law. It’s a crime to lie under oath in court.

Justice Department spokeswoma­n Kerri Kupec declined to comment on Sullivan’s order.

In January, Flynn filed court papers to withdraw his guilty plea, saying federal prosecutor­s had acted in “bad faith” and broken their end of the bargain when they sought prison time for him.

Initially, prosecutor­s said Flynn was entitled to avoid prison time because he had cooperated extensivel­y with the government, but the relationsh­ip with the retired Army lieutenant general grew increasing­ly contentiou­s in the months before he withdrew his plea, particular­ly after he hired a new set of lawyers who raised misconduct allegation­s against the government.

But the Justice Department filed a motion last week to dismiss the case, saying that the FBI had insufficie­nt basis to question Flynn in the first place and that statements he made during the interview weren’t material to the broader counterint­elligence investigat­ion into ties between Russia and the Trump campaign.

Officials have said they sought to dismiss the case in the interest of justice, upon the recommenda­tion of a U.S. attorney who had been appointed by Attorney General William Barr to review the handling of the Flynn investigat­ion. But Sullivan, who has to approve the motion, made clear Tuesday that he wouldn’t immediatel­y rule on the request and would let outside individual­s and groups weigh in with their opinions in court documents.

The move caused an uproar among Trump’s critics and some legal experts who claim Trump is improperly interferin­g in Justice Department matters to help people with whom he has ties.

“I think this is a brilliant move by Judge Sullivan that is aimed at exposing how nonsensica­l Flynn and the DOJ’s position is,” said Mimi Rocah, a former federal prosecutor who’s running on the Democratic ticket for Manhattan district attorney. “Did Flynn lie when he said (twice) under oath that he was guilty or is he lying now when he says (and DOJ says) that he was entrapped and not guilty? He can’t have it both ways.”

On Monday, more than 2,000 former department officials who served in both Republican and Democratic administra­tions called for Barr to resign, saying his conduct was an assault on the rule of law. They urged the judge “to closely examine the department’s stated rationale for dismissing the charges — including holding an evidentiar­y hearing with witnesses — and to deny the motion and proceed with sentencing if appropriat­e.”

Gleeson co-authored an editorial in the Washington Post on Monday, questionin­g whether the Justice Department acted honestly in seeking the dismissal.

“There has been nothing regular about the department’s effort to dismiss the Flynn case,” the authors wrote in the editorial. “The record reeks of improper political influence.”

 ??  ?? Ex-national security adviser Michael Flynn admitted lying to the FBI.
Ex-national security adviser Michael Flynn admitted lying to the FBI.

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