Federal Judge Slams the Brakes on DOJ Attempt to Drop Michael Flynn Case

By Law and Crime. Federal Judge Emmet G. Sullivan on Tuesday stopped — at least temporarily — the federal government’s attempt to drop its case against former National Security Advisor Michael Flynn. Sullivan made the move shortly after Flynn asked that the case against him be dismissed “immediately.”

The judge, in a minute order posted to the Flynn case’s electronic docket, said he anticipated amicus briefs would be filed in the matter and wanted to give any interested parties time to participate. The so-called “friend of the court” briefs allow others who are not a party to a case to submit arguments “only for the benefit of the court,” Sullivan noted.

“It is solely within the court’s discretion to determine the fact, extent, and manner of the participation” of amicus parties, the judge said. The briefs are helpful “when the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide,” Sullivan added; he also noted reasons why parties should not be allowed to file amicus briefs.

The move raises questions about who will take the cue to file such a brief. (Read more from “Federal Judge Slams the Brakes on DOJ Attempt to Drop Michael Flynn Case” HERE)

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Flynn Legal Team Blows up Over Judge’s Decision to Hold Criminal Case Open for ‘Watergate Prosecutors’

By Law and Crime. Lawyers for President Donald Trump’s former National Security Advisor Michael Flynn late Tuesday voiced strong opposition to an order by Judge Emmet G. Sullivan to keep the Flynn case open.

Per Flynn’s legal team, “a group referring to itself as ‘Watergate Prosecutors’ submitted an . . . email” stating that it wished to file amicus curiae briefs. The so-called “friend of the court” briefs help assist judges in making decisions. Flynn’s attorneys called foul on the move.

“However, this Court has consistently — on twenty-four (24) previous occasions — summarily refused to permit any third party to inject themselves or their views into this case,” Flynn’s attorneys said. . .

Sullivan’s decision to hold the case pending additional amicus briefing resulted in this backlash:

The proposed amicus brief has no place in this Court. No rule allows the filing, and the self-proclaimed collection of “Watergate Prosecutors” has no cognizable special interest. Separation of powers forecloses their appearance here. Only the Department of Justice and the defense can be heard. Accordingly, the Watergate Prosecutors’ attempted filing itself should not be registered on the docket, and any attempt by the group or any individual to make a filing in this case must be denied—as all others have been.

(Read more from “Flynn Legal Team Blows up Over Judge’s Decision to Hold Criminal Case Open for ‘Watergate Prosecutors’” HERE)

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