Justice Department Submits Brief to Appeals Court in Flynn Case

The Justice Department on Monday, June 1 filed a brief urging the Court of Appeals for the D.C. Circuit to force district court judge Emmet Sullivan to dismiss the prosecution of former national security adviser Michael Flynn. That move came after the Justice Department moved to drop a charge against Flynn, who previously pled guilty to lying to the FBI about his contacts with Russia’s ambassador, and Sullivan declined to immediately abandon the case.

In their brief on Monday, the Justice Department said Sullivan was wrong to seek outside input by appointing an amicus curiae to argue against dismissal and wrong to consider additional criminal charges. Judge Sullivan also submitted a brief on Monday outlining his rationale for not immediately dropping the charge.

You can read the brief here and below: