Judge hesitates on DOJ move to drop Flynn charges
WASHINGTON — A federal judge overseeing the criminal case of President Donald Trump’s former national security adviser Michael Flynn opened the door late Tuesday for legal experts and other outside parties to oppose the Justice Department’s motion to drop the case, suggesting he has some skepticism about the government’s argument that Flynn should never have been charged.
In a brief order, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia said he would set a schedule for outside parties to present arguments about the government’s request to dismiss the case. He did not directly address the Justice Department’s motion to drop the charge, but legal experts said he appeared open to considering not only the department’s arguments but also those who have challenged its move as politically motivated.
The judge’s order is the latest twist in a high-profile criminal case that has provoked widespread criticism of Attorney General William Barr and has renewed questions about political influence over the Justice Department. Last week, federal prosecutors asked Sullivan to throw out their case against Flynn for lying to FBI agents.
None of the line prosecutors who worked on the case signed the motion, and one withdrew from the case. Trump has repeatedly called for Flynn’s exoneration, saying he was the victim of biased and vindictive FBI agents.
The judge has limited discretion to decide whether to accept the Justice Department’s decision to abandon the case. In announcing his intention to consider briefs from outsiders, Sullivan raised fears among Flynn’s allies that he may not yet be in the clear.
Flynn’s legal team immediately objected to Sullivan’s decision. The lawyers were likely worried that the judge was inviting a wideranging, public discussion of whether the Justice Department was inventing legal arguments in order to help one of the president’s allies, legal experts said.
The defense also sought to play down the potential contributions of outsiders. “Former prosecutors are all free to submit opinion pieces to assorted media outlets — as many have already done — but this court is not a forum for their alleged special interest,” Flynn’s lawyers wrote.