A retired federal judge took Attorney General Bill Barr to the woodshed for doing Donald Trump’s bidding in the Michael Flynn case after being appointed by Judge Emmett Sullivan to submit an amicus brief concerning the DOJ’s effort to drop it.
The disgraced former National Security Adviser had pleaded guilty in court after getting caught committing a felony by lying to the FBI and was set to be sentenced — until Barr directed prosecutors to drop the case. Sullivan was having none of it, which is why he asked former district judge John Gleeson to weigh in.
And boy, did he ever.
Not only did Gleeson blow up Barr’s reason for trying to dismiss the case against Flynn, but he also smacked him down for doing Trump’s dirty work.
“The Government’s ostensible grounds for seeking dismissal are conclusively disproven by its own briefs filed earlier in this very proceeding,” Gleeson wrote. “They contradict and ignore this Court’s prior orders, which constitute law of the case. They are riddled with inexplicable and elementary errors of law and fact. And they depart from positions that the Government has taken in other cases.”
“The facts surrounding the filing of the Government’s motion constitute clear evidence of gross prosecutorial abuse,” Gleeson continued. “They reveal an unconvincing effort to disguise as legitimate a decision to dismiss that is based solely on the fact that Flynn is a political ally of President Trump. The Court should deny leave because there is clear evidence of a gross abuse of prosecutorial power…The Government has engaged in highly irregular conduct to benefit a political ally of the President. The facts of this case overcome the presumption of regularity. The Court should therefore deny the Government’s motion to dismiss, adjudicate any remaining motions, and then sentence the Defendant.”
“That is about as straightforward a case of materiality as a prosecutor, court, or jury will ever see,” Gleeson concluded. “In asserting otherwise, the Government struggles mightily to argue that Flynn’s false statements neither affected nor could have affected the FBI’s investigation of his and his colleagues’ potential ties to the Russian government.”
That’s a pretty strong rebuke by a well-respected attorney and former federal judge that completely debunks Trump’s “Obamagate” accusations. The case against Flynn should never have been dropped. He pleaded guilty to committing a felony and the evidence is not on his side. No matter how many times Trump accuses the FBI or the Justice Department of trying to frame Flynn, there is no denying that he lied to investigators and is an unregistered foreign agent who had frequent contacts with Russians during the 2016 campaign and transition.
Sullivan himself slammed Flynn in court for betraying the country. Dropping this case would set the stage for Trump’s minions to break the law whenever they want without fear of consequences. That should not be allowed to happen. The Justice Department exists to represent the American people, not to act as Trump’s personal defense team.
Featured image via Wikimedia Commons/Federal Bureau of Investigation
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