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Tag: Judge Emmet Sullivan

DOJ Releases Sweeping Flynn Pardon, Asks Judge to Dismiss Criminal Case

By Steve Neavling

The Justice Department is asking a judge to dismiss the criminal case against former national security adviser Michael Flynn after President Trump’s sweeping pardon.  

Former National Security Adviser Michael T. Flynn

The Justice Department delivered to the court the formal language of the pardon order, which shields Flynn from “any and all possible offenses arising from the facts set forth … or that might arise, or be charged, claimed or asserted” in connection with special counsel Robert Mueller’s Russia investigation.

U.S. District Judge Emmet Sullivan has been presiding over the case for the past three years and is considering the Justice Department’s request to dismiss the charges. 

Some legal experts said Trump’s pardon is one of the broadest in American history. 

“Pardons are typically directed at specific convictions or at a minimum at specific charges,” Margy Love, former pardon attorney for Presidents George H.W. Bush and Bill Clinton, who now leads the Collateral Consequences Resource Center, told Politico. “I can think of only one other pardon as broad as this one, extending as it does to conduct that has not yet been charged, and that is the one that President Ford granted to Richard Nixon.”

“In fact, you might say that this pardon is even broader than the Nixon pardon, which was strictly cabined by his time as president,“ Love said. “In contrast, the pardon granted to Flynn appears to extend to conduct that took place prior to Trump‘s election to the presidency, and to bear no relationship to his service to the president, before or after the election.“

Flynn, 61-year-old retired lieutenant general, is Trump’s first national security advisor and was the target of Mueller’s investigation into Russian interference in the 2016 presidential election. Flynn pleaded guilty in December 2017 to lying to the FBI about his contacts with Russia. But he later fired his attorneys and asked to withdraw his guilty plea, claiming he was entrapped by the FBI and Justice Department.

Judge to Hear Arguments about DOJ’s Bid to Dismiss Case against Michael Flynn

Former National Security Adviser Michael T. Flynn

By Steve Neavling

ticklethewire.com

A judge may decide today whether to accept the Justice Department’s unusual move to dismiss the criminal case against former national security adviser Michael Flynn, a former President Trump appointee who pleaded guilty in December 2017 to lying to the FBI about his contacts with Russia.

The case returns to U.S. District Judge Emmet G. Sullivan after the U.S. Court of Appeals for the District Columbia Circuit ruled in late August that he can does not have to promptly dismiss the case just because the Justice Department sought to drop it.

Sullivan will hear final arguments in the case.

The Justice Department and Flynn want the case to be dismissed, while former federal judge John Gleeson is arguing that Sullivan can move forward and sentence Flynn.

Democrats and legal experts have questioned Attorney General William Barr’s motives for intervening in a case tied to Trump.

Federal Judge Holds Justice Lawyers in Contempt in Sen. Stevens Case

Judge Emmet Sullivan/court photo

Judge Emmet Sullivan/court photo

It was just a matter of time before this happened. The prosecution has had one misstep after another during and after the trial.

By ERIKA BOLSTAD
Anchorage Daily News
WASHINGTON — The judge who oversaw Ted Stevens’ corruption trial on Friday held in contempt four Justice Department prosecutors for failing to turn over documents to the former U.S. senator’s lawyers.
Calling their conduct “outrageous” as employees of “the largest law firm on the planet,” U.S. District Judge Emmet Sullivan told the Justice Department attorneys Friday afternoon that they must give the documents to Stevens’ legal team by 5 p.m.
Later in the afternoon, a spokeswoman for the Justice Department sent out an announcement saying, “The Government has complied with the court’s order and produced to defense counsel the documents discussed at today’s hearing. We will continue to litigate in court matters related to the jury’s conviction of Senator Stevens.”
The judge said he wasn’t going to address on Friday what sort of penalties the contempt citing will have for the Justice Department lawyers. They include the head of the Justice Department’s Public Integrity Section, William Welch; the lead trial attorney in the case, Brenda Morris; the attorney who was handling the work product question within the Justice Department, Kevin Driscoll; and the chief of the U.S. Justice Department’s criminal appeals section, Patty Merkamp Stemler.
Sullivan told them he would address the questions of sanctions when the case concludes.
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