A federal judge said Tuesday that he would allow interested parties to weigh in on Michael Flynn’s case, an unusual move for a criminal prosecution, after the Department of Justice (DOJ) sought to drop the charges against the former national security adviser.
Judge Emmet Sullivan of the D.C. District Court said in a brief order that “at the appropriate time, the Court will enter a Scheduling Order governing the submission of any amicus curiae briefs.”
The case was upended last week when the DOJ moved to dismiss its charge against Flynn for lying to the FBI about his conversations with the Russian ambassador to the U.S. in 2016.
The lead prosecutor on the case, who had been overseeing it since Flynn first pleaded guilty to the charge in 2017, withdrew shortly before the motion was filed last Thursday.
It’s unusual for prosecutors to withdraw a case against a defendant who has already pleaded guilty. The move to allow amicus briefs offers critics of the DOJ’s decision an opportunity to weigh in.
Sullivan, a Clinton appointee, still needs to approve the DOJ’s motion to drop the charges. He has yet to schedule a hearing or ask for further briefing.
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JUST IN: In unusual move, judge invites outside parties to weigh in on Flynn case https://t.co/Vydz0vHKc0 pic.twitter.com/OKfuHL4fAE
— The Hill (@thehill) May 12, 2020
Well, this is interesting. I suspect the 2,000 or so former @TheJusticeDept officials who have vociferously objected to the department's position in this case might just manage to find counsel for an amicus brief. https://t.co/P7mUfCzfm2
— Benjamin Wittes (@benjaminwittes) May 12, 2020
This is unusual, and suggests that Judge Sullivan will take his time in deciding whether to dismiss the case against Michael Flynn. https://t.co/ayteMyH3zf
— Renato Mariotti (@renato_mariotti) May 12, 2020
"THREE BRANCHES? No one told me there are three branches!" Donnie Tantrums, right now. https://t.co/QZko0utGwx
— Rick Wilson (@TheRickWilson) May 13, 2020
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