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DOJ Tag

Posted by William A. Jacobson on July 10, 2020 38 Comments
On June 24, 2020, a panel of the D.C. Circuit Court of Appeals ordered Judge Emmet Sullivan to grant the government's motion to dismiss the criminal case against Michael Flynn. That Order would have become effective, requiring Sullivan's compliance, 21 days after that date (July 15). In an attempt to forestall compliance, on July 9, Sullivan filed a Petition for Rehearing En Banc, seeking a ruling by all 11 active judges on the appeals court.

Posted by William A. Jacobson on May 19, 2020 24 Comments
Judge Emmet Sullivan has opened up the District Court criminal prosecution to an outsider, former Judge John Gleeson, to argue why Sullivan should not dismiss the case against Michael Flynn even though the Department of Justice wants to drop the case based on FBI and prosecutorial misconduct. Gleeson has a documented history of hostility towards Flynn.

Posted by William A. Jacobson on May 12, 2020 180 Comments
The Department of Justice, after concluding that the prosecution of Michael Flynn was the product of misconduct by FBI and DOJ officials, moved to drop the case against Flynn. But not so fast. Flynn pleaded guilty, a plea that the DOJ motion to drop the charges calls into question. A judge has discretion whether to allow a case to be dropped, but normally if the prosecution doesn't want to prosecute, a judge will not force a prosecution. But where a guilty plea has been entered and accepted by the court, and a motion to withdraw the plea rejected by the court, the court has a lot more power because the prosecution, in a sense, is over already. Only sentencing remains.

Posted by Mary Chastain on May 08, 2020 68 Comments
The Department of Justice dropped its case against former National Security Adviser Michael Flynn on Thursday due to new information. The DOJ also released documents in its motion. These documents showed President Barack Obama knew details from Flynn's wire-tapped calls, and then-Acting Attorney General Rod Rosenstein expanded the Russia-Trump collusion probe beyond its primary scope.

Posted by Mary Chastain on May 07, 2020 71 Comments
The Department of Justice dropped its case against former National Security Adviser Michael Flynn. He pleaded guilty to lying to the FBI two years ago:
The decision came days after prosecutors turned over documents to Mr. Flynn that his lawyers said was evidence that the government tried to set him up in the early 2017 interview at issue.

Posted by William A. Jacobson on April 19, 2020 42 Comments
Attorney General William Barr has signaled that the federal government will take action with regard to violations of the constitutional rights of citizens by state and local officials as part of Wuhan coronavirus 'stay at home' and shutdown orders. Barr was addressing particularly violations of religious freedom.

Posted by William A. Jacobson on March 31, 2020 64 Comments
Department of Justice Inspector General Michael Horowowitz released a report today on FBI practices in making Foreign Intelligence Surveillance Act (FISA) applications to the FISA court. If the entire country were not focused (understandably) on the Wuhan coronavirus pandemic, this would dominating the news.

Posted by Fuzzy Slippers on February 19, 2020 38 Comments
Despite former Attorney General Eric Holder referring to himself in that role as then-president Obama's "wingman," Democrats have been swooning for the nearest fainting couch over a few tweets from President Trump regarding the Roger Stone sentencing recommendation.  They claim to be outraged because Trump, they screech, is undermining DOJ independence.
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