Last night news broke that U.S. District Court Judge Rudolph Contreras “has been recused” from the case overseeing the prosecution of General Mike Flynn. Details are vague. According to Reuters, both the judge and the Flynn legal team have yet to comment.
Additionally, there is no concrete answer as to whether the recusal was done by the judge himself or was forced upon him. While the reasoning is the key, the difference between the two options adds another layer of consequence within the rest of this outline. Reuters News Service puts it this way:
(Reuters) – The U.S. District Court for the District of Columbia judge presiding over the criminal case for President Donald Trump’s former National Security Adviser Michael Flynn has been recused from handling the case, a court spokeswoman said on Thursday.
According to a court filing, U.S. District Court Judge Rudolph Contreras, who presided over a Dec. 1 hearing where Flynn pleaded guilty to lying to the Federal Bureau of Investigation about his contacts with Russia, will no longer handle the case.
Court spokeswoman Lisa Klem did not say why Contreras was recused, and added that the case was randomly reassigned. Reuters could not immediately learn the reason for the recusal, or reach Contreras. An attorney for Flynn declined to comment. (Link)
Obviously, the customary reason for recusal is when there is a conflict of interest between the case as assigned and the judge overseeing it. However, as you can clearly see, in this case it’s rather odd that if a conflict existed the judge would have even begun to oversee the case at the prior hearing. Why wait until six days after the first hearing?
As to the reasoning for the recusal, and stressed against the backdrop of the new information surrounding the investigative practices of the DOJ and FBI, this recusal is potentially both a game-changer and a massive dose of sunlight.
