U.S. District Judge Emmet G. Sullivan should not be required to act as a “mere rubber stamp” for the government’s unusual move to undo the guilty plea of President Trump’s former national security adviser Michael Flynn, the judge’s lawyers told a federal appeals court in Washington on Monday.
Sullivan’s attorneys asked the appeals court to stay on the sidelines to give the judge an opportunity to ensure the “integrity of the judicial process” and to rule on the Justice Department’s request to dismiss Flynn’s case.
The judge must evaluate Flynn’s dramatically different claims, Sullivan’s lawyer Beth Wilkinson told the court: “What, if anything, should Judge Sullivan do about Mr. Flynn’s sworn statements to the court, where he repeatedly admitted to the crime and to the voluntariness of his guilty plea, only to now claim that he never lied to the government and was pressured and misled into pleading guilty?”
The filing from Sullivan, defending his investigation into the Justice Department’s reversal, is the latest development in the extraordinary case. It comes after Flynn’s lawyers asked the U.S. Court of Appeals for the D.C. Circuit to immediately order Sullivan to get rid of the matter and accused him of bias. [Continue reading…]