(AmericanProsperity.com) – On June 1, the top lawyer for the Department of Justice (DOJ) urged the US Court of Appeals for the DC Circuit to give direction to Judge Emmet Sullivan. Solicitor General Noel Francisco wants the court to dismiss the charges against former National Security Adviser Michael Flynn. In his 45-page brief, Francisco said Sullivan could not appoint himself both judge and prosecutor in the inquisition against Flynn.
He further wrote that Sullivan has no authority to initiate criminal charges of his own.
#FLYNN DOJ Filing: Executive branch decides who is tried not federal judges. “The Constitution vests in the Executive Branch the power to decide when—and when not—to prosecute potential crimes. Exercising that Article II power here, the Executive filed a motion to dismiss…
— Catherine Herridge (@CBS_Herridge) June 1, 2020
Francisco, the top attorney at the DOJ, and six other senior attorneys at the DOJ signed the brief. This is a rare event.
The attorneys argued that Criminal Procedure 48(a) says the government may dismiss an indictment at any time leading up to a conviction. A conviction only happens once a judge imposes it and sentences a defendant to a penalty.
On Monday, Judge Sullivan filed his brief with the Appeals Court, arguing he doesn’t believe he is required to “rubber stamp” the DOJ’s request to dismiss the case at this time.
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