“In the United States, the president does not campaign to pressure the presidency to get the Department of Justice to drop charges against two different judges before two separate judges – and whose crime is obvious and whose crime is clear, “Gleeson wrote.
“Still what is revealed here,” he said.
He reiterated his position that Judge Emmitt Sullivan should reject the Justice Department’s request to dismiss the case, and proceed with Flynn’s sentence.
In short order, Gleeson asks Sullivan to keep the case alive and tells Flynn to lie to the FBI and to retaliate during the court proceedings when he withdraws his previous guilty plea. Flynn sought an emergency order from the DC Circuit Court of Appeals, and secured a temporary victory that ended the case – but then that decision was overturned last month.
“The government is trying to give special treatment to a delinquent defendant because he favors the president,” Gleeson wrote, arguing that, “(Flynn) denies special treatment, an important message about the rule of law Will “perjury. ”
It is up to Sullivan how to proceed, though if he decides to keep the case alive, Flynn can appeal that decision, which would lead to more legal organs.
“To dismount the government’s motion to describe it as irregular would be a study,” Gleeson wrote.
Gleeson accused the Department of Justice of using a “parade of false formalities” and “straw man” arguments to protect Flynn.
Pushing against the Justice Department’s claim that Flynn’s lies were not critical to the Russia investigation, Gleeson cited the recent bipartisan report of the Senate Intelligence Committee. The committee said it investigated Flynn’s and other Trump allies’ contact with the Russians to give Moscow “more leverage” from Team Trump.
To drop the case, prosecutors said they were not sure they could prove that Flynn’s statements to the FBI were in fact false. Gleeson wrote that “Flynn has repeatedly confessed,” and added that his “many and consistent statements must all be dealt with.”
Flynn was a key witness in the investigation of Special Counsel Robert Müller in Russian arbitration in the 2016 election and possible obstruction.
Months later, the Justice Department announced its intention to conduct an extraordinary vicissitudes after years of prosecuting Flynn. The decision came as Trump railed against the Mueller investigation and while Attorney General William Burr took steps to curtail some of Muller’s accomplishments.
The case has since been mired in legal controversy, although Gleeson’s filing on Friday was one of the final processes of the program before Sullivan moved on.
For his part, Flynn and his attorneys say he is innocent and was only implicated in the Russia investigation because of misconduct by senior officials of Mueller and the Obama administration. His plight has been a rally cry for Trump and right-wing media outlets, which have promoted many of his theories, even though there is almost no evidence to back it all up.
While his case was running through the court system in the summer of this year, Flynn and some of his conservative lawyers began to embrace the QAnon conspiracy theory movement, and Trump even said that if he wins a second term So they would consider bringing Flynn back into administration.
Kellyanne Pollentz of CNN contributed to this report.