Judge Emmett Sullivan will defend his decision not to sign off on the Justice Department’s request to dismiss the case against former National Security Adviser Michael Flynn during oral arguments scheduled to take place this week, Fox News reports.
The DOJ made the decision to drop its case against Flynn. Flynn had previously admitted to lying to the FBI about conversations he had with a former Russian ambassador during a probe into the 2016 election. Sullivan has questioned the department’s choice to back down from Flynn’s prosecution and will have to say why during the hearing.
“It is unusual for a criminal defendant to claim innocence and move to withdraw his guilty plea after repeatedly swearing under oath that he committed the crime,” Sullivan wrote in a court filing, referring to Flynn's past guilty plea of lying to the FBI. “It is unprecedented for an Acting U.S. Attorney to contradict the solemn representations that career prosecutors made time and again, and undermine the district court’s legal and factual findings, in moving on his own to dismiss the charge years after two different federal judges accepted the defendant’s plea.”
Flynn requested a writ of mandamus, which would force Sullivan to sign off on dropping the case.
Sullivan asked outside parties to submit amicus curiae also known as “friend of the court” briefs arguing against the government’s move to drop a case where the defendant had previously pleaded guilty. He called Flynn’s request for the writ inappropriate because he hasn’t rendered his own decision yet.
Now, the arguments will be heard by a panel of judges on the D.C. Circuit Court of Appeals.
Sullivan will be represented by attorney is Beth Wilkinson, who represented Supreme Court Associate Justice Brett Kavanaugh during his Senate confirmation process.
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