Posted on 05/28/2020 8:22:54 PM PDT by yesthatjallen
More than two dozen former prosecutors, judges and active trial lawyers filed a brief backing the Department of Justice’s (DOJ) decision to dismiss the case against President Trump's former national security adviser Michael Flynn.
The bipartisan group of former government attorneys are asking U.S. District Court Judge Emmet G. Sullivan for them to formally file an amicus brief on the case. The group includes former Whitewater independent counsel Kenneth Starr and U.S. Rep. Trey Gowdy (R-S.C.).
“The issue presented in this case is whether the court has discretion to deny a motion to dismiss to which the defendant consents, as Gen. Flynn has done here. The answer is no,” the attorneys wrote.
Attorney General William Barr requested that the Justice Department drop the charges against Flynn of lying to the FBI about his contacts with Russia shortly before Trump took office.
The attorneys argue that Sullivan does not have the legal right to override the decision from the prosecutor — in this case the DOJ — to dismiss a case they are prosecuting.
“There is simply no basis upon which this Court can review and deny the Government’s motion to dismiss, to which the defense has consented,” they wrote.
Earlier this month, 16 former Watergate prosecutors also asked Sullivan for permission to weigh in on the case.
The attorneys argued that given the DOJ's decision to dismiss Flynn's criminal prosecution — despite his 2017 guilty pleas — the department cannot be counted on to give the court a fair and complete presentation of the issues raised by the move.
SNIP
(Excerpt) Read more at thehill.com ...
Zounds. No I think the Watergate prosecutors were dirty partisans !
What’s ironic is that Barr was willing to drop the case and let all of the FBI crap done against Flynn go away - in other words PROTECT THE FBI. If the judge gets his way, it’s very possible that all the dirty laundry will come out on appeal.
“There is simply no basis upon which this Court can review and deny the Government’s motion to dismiss, to which the defense has consented,” they wrote.
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