Donald is gonna go wild over this, let the tweets and death threats begin! Good fucking luck, this judge doesn't take to that shit very well either!
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Judge Emmet Sullivan named a former judge to weigh the issue after the Justice Department filed a motion to dismiss the case against the former Trump national security adviser.
www.politico.com
Federal judge mulls contempt charge against Michael Flynn
Judge Emmet Sullivan named a former judge to weigh the issue after the Justice Department filed a motion to dismiss the case against the former Trump national security adviser.
A federal judge is signaling that he might pursue perjury or contempt charges against former national security adviser Michael Flynn over his effort to abandon a guilty plea to a charge of lying to the FBI.
The Justice Department moved last week to drop the prosecution of Flynn launched by special counsel Robert Mueller, but U.S. District Court Judge Emmet Sullivan slammed the brakes on that effort by announcing Wednesday evening that he is appointing a former federal judge to argue against the government’s unusual bid to dismiss the case against an ally of President Donald Trump.
Sullivan’s order also directed the retired judge, John Gleeson, to recommend whether Flynn should face a criminal contempt charge for perjury — apparently for declaring under oath at two different court proceedings that he was guilty of lying to the FBI, before he reversed course in January and claimed he had never lied.
Sullivan’s announcement appears to shatter the hopes of Flynn’s defense team that the court case will quickly fade away. Instead, the retired general who spent a little more than three weeks as national security adviser before being fired by Trump faces a legal brawl that could drag on for months.
Gleeson, who was appointed to the federal bench in New York by President Bill Clinton and retired to enter private practice in 2016, has already staked out a position deeply skeptical of Attorney General William Barr’s decision to abandon the Flynn prosecution. The ex-judge co-authored an op-ed earlier this week that decried the move.
“Government motions to dismiss at this stage are virtually unheard of,” Gleeson and his co-authors wrote in The Washington Post. “There has been nothing regular about the department’s effort to dismiss the Flynn case. The record reeks of improper political influence.”
Sullivan‘s decision to put up some resistance to the Justice Department’s request could also renew pressure on Trump to grant Flynn a pardon that could forestall any further prosecution now or in the future. Trump and his allies had celebrated Barr‘s decision to sign off on dropping the charges against Flynn, and they appeared caught off-guard by the development. The move came as some of the former Justice Department and FBI officials, whose testimony was cited in the department’s dismissal motion, complained that their words had been twisted to justify it.
Asked about a pardon earlier on Wednesday, Trump said he did not want to discuss it, but added: “The FBI said he didn’t lie.” He was referring to Flynn’s pivotal interview with agents four days after Trump’s inauguration. They said they detected no signs of evasion or deceit during the session, even though they ultimately concluded and Flynn eventually admitted that his statements were false.
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