Judge: Justice Department reversal in Flynn case ‘unusual’

By ERIC TUCKER
June 1, 2020

WASHINGTON (AP) — A federal judge on Monday defended his decision not to quickly approve the Justice Department’s request to dismiss its own criminal case against former Trump administration national security adviser Michael Flynn, saying that the department’s reversal was unusual and he wanted to consider the request carefully before ruling on it.

The brief from U.S. District Judge Emmet Sullivan offers the most detailed explanation for his refusal to immediately sign off on the department’s decision to drop its case against Flynn, who pleaded guilty as part of special counsel Robert Mueller’s Russia investigation. It raises the prospect for a drawn-out clash between two branches of government over whether a judge can be forced to unwind a guilty plea at the Justice Department’s behest.

Flynn’s attorneys have urged the Washington-based federal appeals court to order Sullivan to grant the department’s request. But Sullivan laid out in detail his reasons for his concern as he urged the appeals court to stay out of the case until he has a chance to study the dismissal request, which he said he may ultimately grant.

“The question before this Court is whether it should short-circuit this process, forbid even a limited inquiry into the government’s motion, and order that motion granted,” lawyers for Sullivan wrote. “The answer is no.”

The Justice Department, in its own brief Monday, said Sullivan has no authority “to stand in the way of a dismissal the defendant does not oppose.” It urged the appeals court to force him to drop the case.

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