Flynn committed perjury and his guilty plea of lying to FBI should not be dismissed as DOJ requests
Source: Washington Post
Full title
Flynn committed perjury and his guilty plea of lying to FBI should not be dismissed as DOJ requests, court-appointed expert finds
Michael Flynn committed perjury and his guilty plea of lying to the FBI should not be dismissed, a court-appointed counsel told a federal judge Wednesday, calling the Justice Departments attempt to undo the conviction a gross abuse of prosecutorial power.
In a formal briefing to the judge overseeing Flynns case, former New York federal judge John Gleeson argued that though Flynn committed perjury by first admitting under oath to lying to the FBI about his Russian contacts and then seeking to rescind his guilty plea, Trumps former national security adviser should not face a contempt hearing but instead be punished as part of his sentence.
Flynn has indeed committed perjury in these proceedings, for which he deserves punishment, and the Court has the authority to initiate a prosecution for that crime, Gleeson wrote in an 82-page opinion. I respectfully recommend, however, that the Court not exercise that authority. Rather, it should take Flynns perjury into account in sentencing him on the offense to which he has already admitted guilt. This approach rather than a separate prosecution for perjury or contempt aligns with the Courts intent to treat this case, and this Defendant, in the same way it would any other.
U.S. District Judge Emmet G. Sullivan had paused Flynns case to hear from outside groups and appointed Gleeson to argue against the Justice Departments May 7 motion to immediately drop its prosecution of the retired three-star general. Flynn was the highest-ranking Trump adviser convicted in special counsel Robert S. Mueller IIIs investigation of Russian interference in the 2016 U.S. elections.
Read more: https://www.washingtonpost.com/local/legal-issues/michael-flynn-committed-perjury-but-should-not-face-contempt-hearing-court-appointed-counsel-finds/2020/06/10/09dada24-aa81-11ea-9063-e69bd6520940_story.html
sandensea
(21,530 posts)And Jabba-the Barr's.
Leghorn21
(13,520 posts)Seriously, truly, fervently
THANK YOU
former9thward
(31,805 posts)A little early for thanks. Judge Gleeson was hired by the court to make the argument he did. We will see how it proceeds.
Leghorn21
(13,520 posts)case, since I thought thats what happened...but at any rate, so far, so good!!
turbinetree
(24,632 posts)If I were to do the crap he and what others have done I would be placed in Colorado's maximum prison.............end of story...........
bluestarone
(16,722 posts)to pardon him!!
FBaggins
(26,697 posts)He was brought in specifically to argue the opposing position (since both prosecution and defense were now aligned). So he isn't evaluating the opposing positions and making a recommendation... his job is to oppose the motion.
Baked Potato
(7,733 posts)muriel_volestrangler
(101,154 posts)"He must yearn for those innocent times in which gangsters were not proceeded everywhere by the Marine Band."
https://www.esquire.com/news-politics/politics/a32828242/michael-flynn-amicus-brief-judge-gleason-william-barr/