Radio Recap – Federal Judge Delays Move by DOJ to Drop Flynn Case

A federal judge delayed the move by the Department of Justice to drop the case against General Flynn.

On today’s Jay Sekulow Live we discussed Judge Emmet Sullivan’s order to delay the final disposition of the General Flynn matter and request for amicus briefs as to whether or not he should accept the Department of Justice’s decision to drop the case.

This is a bizarre move in the General Michael Flynn saga. It appeared that General Flynn would be getting the justice he deserved after being set up by the FBI in what the Department of Justice called an “illegitimate investigation to begin with.”

We’re starting to hear about the unmasking by Obama Administration officials of General Flynn. The acting Director of National Intelligence, Richard Grenell, has declassified those names. He has not turned them over yet to the Senate. Senator Lindsey Graham is asking for that but that could be done very soon. Since we were live on air, this has now been released to the public.

We also have this judge’s new order, which is bizarre. You know that we at the ACLJ file amicus briefs all the time. We don’t file them in criminal matters, typically, and not on the removal of a plea that had been entered into by a defendant. So what is happening is that Judge Emmet Sullivan is going to allow for amicus briefs to be filed and oral arguments to be presented about why the Department of Justice decision to drop the case against General Flynn was wrong.

We’ve explained to you on this broadcast that the matter for General Michael Flynn was not finished until the judge accepted the Department of Justice’s new brief that they filed withdrawing the case.  He could have asked for more information or a presentation from the Department of Justice and it wouldn’t have been that bizarre because he does have to accept it in order for the case to be dropped.

My dad, Jay Sekulow made the following point:

This is all originated by a group that wrote: “We investigated the Watergate scandal. We believe Trump should be impeached.” This was seventeen former Watergate special prosecutors. I suspect that what this is, is they are not only going to be going after General Flynn but I suspect they’re also going to be trying to go after the Attorney General who took the appropriate action by having the Justice Department remove the charge; basically, agreeing to the motion to withdraw the plea because the nature of what took place there was completely unconstitutional as to General Flynn and unprecedented under criminal law.

In most cases, whether it’s federal, state, or local prosecution, if they were to submit this to a judge these are accepted. But having input from outside parties to criticize and make this more political, which is exactly what this judge has done.

You can listen to the entire episode, complete with more in-depth analysis of the state of the General Michael Flynn case, here.