It appears the judge presiding over the Flynn case is postponing the DOJ’s request to drop the case against Michael Flynn:
#BREAKING: The federal judge in the Michael Flynn case has postponed any immediate resolution of the defendant’s criminal case, allowing outside groups and individuals to file “friend of the court” or amicus briefs.
— Sean Langille (@SeanLangille) May 12, 2020
As the tweet suggests, Judge Sullivan is allowing outside groups to weigh in on this decision by the DOJ to drop the case.
I just heard about it on Fox News as the DOJ spokesperson was being interviewed by Martha McCallum. Of course the news just broke so she had no real comment on it, other than to say the DOJ feels the case should have never been brought based on what they know now about the case.
Here’s more from Fox News:
D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he’ll soon accept “amicus curiae,” or “friend of the court” submissions, in the case of former national security adviser Michael Flynn — essentially allowing the court to use an “ask the audience” lifeline in what has already proved to be an unpredictable and chaotic prosecution.
Sullivan’s minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that “individuals and organizations” will file briefs “for the benefit of the court.”
The move attracted some immediate criticism. The Federalist’s Sean Davis, for example, cautioned that Sullivan was inviting “left-wing lawyers write his final order against Flynn for him.”
In his order, Sullivan quoted his fellow judge on the D.C. District Court, Amy Berman Jackson, who previously admonished the parties in the case of Trump associate Roger Stone that allowing amicus submissions does not mean that the criminal case will become a “free for all.”
As I’ve said before, I’m no legal expert. But I understand that it’s typically pro-forma for a judge to drop a case when the prosecution decides they no longer want to try the case. So what exactly Sullivan is doing here I don’t know.
Below is the aforementioned tweet from Sean Davis:
Judge Emmet G. Sullivan just signaled he’s not interested in the law, due process, equal rights, or justice. He already called Flynn a traitor in open court, and now he’s going to invite left-wing lawyers write his final order against Flynn for him. https://t.co/UFO7ZEn74u
— Sean Davis (@seanmdav) May 12, 2020