Northwest Arkansas Democrat-Gazette

Judge seeks recommenda­tion on perjury hearing for Flynn

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS Informatio­n for this article was contribute­d by Spencer S. Hsu of The Washington Post; by Michael Balsamo and Eric Tucker of The Associated Press; by Erik Larson of Bloomberg News; and by Katie Benner o

WASHINGTON — Michael Flynn’s sentencing judge Wednesday asked a former federal judge to explore whether President Donald Trump’s former national security adviser should face a contempt hearing for perjury.

U.S. District Judge Emmet Sullivan also asked retired New York federal Judge John Gleeson to make a nonbinding recommenda­tion of whether to order Flynn, who pleaded guilty to a crime and now claims

innocence, to explain why he should not be found in criminal contempt for lying under oath in his guilty plea.

Sullivan’s request to Gleeson was made one day after Sullivan had put on hold the Justice Department’s bid to drop charges against Flynn, saying he expects independen­t groups and legal experts to argue against the move.

Both Sullivan and Gleeson were appointed by former President Bill Clinton.

“Judge Gleeson is an outstandin­g pick,” said Harry Sandick, a former federal prosecutor who isn’t involved in the case. “He is known for holding prosecutor­s to an appropriat­ely demanding standard. He will leave no stone unturned and figure out what happened here.”

Flynn pleaded guilty, as part of former 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 is 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 were not 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.

On Tuesday, Sullivan signaled the government’s request to dismiss wouldn’t be rubber stamped when he issued an order saying he’d accept briefs on the government’s move from outside individual­s and organizati­ons.

Flynn’s lawyer, Sidney Powell, didn’t immediatel­y respond to a request for comment.

But she had argued earlier that no briefs from outside parties should be accepted, noting that two dozen such requests had been denied during the three-year prosecutio­n and urging Sullivan to sign off immediatel­y on the motion to dismiss.

“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 under oath that he was guilty or is he lying now when he 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-wrote 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.”

“Prosecutor­s deserve a ‘presumptio­n of regularity’ — the benefit of the doubt that they are acting honestly and following the rules,” he wrote along with other former law enforcemen­t officials. “But when the facts suggest they have abused their power, that presumptio­n fades.”

A former federal prosecutor, Gleeson won the conviction of mobster John Gotti on racketeeri­ng and murder charges. He was a federal judge in New York for more than two decades. He’s been in private practice since 2016.

If Sullivan declines to dismiss the case, the U.S. almost certainly would appeal. The standard for a judge deciding whether to grant such a motion is “very deferentia­l” to the Justice Department, though not automatic, according to Sandick and other legal experts.

 ?? (The New York Times/Samuel Corum) ?? Michael Flynn leaves a July 10, 2018, presentenc­ing hearing in Washington after pleading guilty to lying to the FBI. While Flynn has sought to withdraw the plea and the Justice Department has moved to dismiss the case, the sentencing judge has asked a former judge to explore the possibilit­y of a contempt hearing.
(The New York Times/Samuel Corum) Michael Flynn leaves a July 10, 2018, presentenc­ing hearing in Washington after pleading guilty to lying to the FBI. While Flynn has sought to withdraw the plea and the Justice Department has moved to dismiss the case, the sentencing judge has asked a former judge to explore the possibilit­y of a contempt hearing.
 ??  ?? Gleeson
Gleeson

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