Ex-Judge Says Dropping Flynn Case Amounts to ‘Gross Prosecutorial Abuse,’ Urges Sentencing

Ex-Judge Says Dropping Flynn Case Amounts to ‘Gross Prosecutorial Abuse,’ Urges Sentencing

Former National Security Adviser Michael Flynn arrives at the U.S. District Court in Washington, D.C. for his trial sentence, December 18, 2018. (Jonathan Ernst / Reuters)

The third party appointed by the federal judge who presided over the Michael Flynn case said in a Wednesday that the DOJ’s decision to withdraw the case against Flynn was “clear evidence of gross prosecution.”

John Gleeson, a retired federal judge in New York, said in a statement Submit 82 pages that the reversal “reveals an inconclusive attempt to disguise as a legitimate decision to fire, based solely on the fact that Flynn is a political ally of President Trump.”

“The government has behaved very irregularly in favor of a political ally of the President. The facts of this case overcome the presumption of regularity, “says Gleeson. “The Court must therefore reject the government’s motion to reject, reject the remaining motions and then condemn the defendant.”

Gleeson was appointed in May by US District Judge Emmet Sullivan to ‘object to’ the DOJ’s motion to withdraw after publishing an opinion in the Washington Post arguing that the DOJ’s move “stinks of inappropriate political influence.”

Gleeson co-wrote the opinion with two other lawyers, David O’Neil and Marshall Miller, both of whom are on the list. O’Neil represented former Deputy Attorney General Sally Yates, according to multiple reports and the recently released statement Yates gave the House Intelligence Committee about the Trump-Russia investigation in November 2017.

Yates told the FBI in September 2017 that she first heard about Flynn’s conversations with President Obama’s Russian ambassador in an Oval Office briefing dated January 5, 2017, according to exhibits. archived last month.

The exhibits were filed along with the DOJ’s motion to dismiss the case against Flynn, who was charged with lying against federal investigators in December 2016. Yates said she was “so surprised” to hear Obama ask about Flynn’s call to then-Russian ambassador Sergey Kislyak that “she found it difficult to process it while listening to the conversation.”

The DC circuit will hear oral arguments Friday whether Sullivan should comply with the DOJ’s request to dismiss the case against Flynn.

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