United States v. Flynn, No. 17-cv-232 (EGS). Amicus Reply Brief Submitted September 11, 2020. Oral argument scheduled for September 29, 2020.
An amicus appointed by the federal judge assigned to proceedings brought by the United States against General Michael T. Flynn opened his reply brief by asserting that General Flynn’s “guilt is obvious.” Although the government has moved to dismiss the proceedings and the general has concurred, the amicus opines that the government’s acts are simply not done, offering the conclusion that “clear evidence” indicates that the prosecutor’s motion to dismiss was precipitated by “a corrupt and politically motivated favor unworthy of our justice system.” The amicus believes that the government seeks to reduce the Article III court to a “rubber stamp,” and that the court ought not permit itself to be “sullied” in this way. Instead, because the D.C. Circuit Court of Appeals has held that Article III jurisdiction continues until the court has ruled on a prosecutor’s motion to dismiss, and because the court has discretion to inquire into wrongdoing which the amicus asserts has occurred, the court may deny dismissal and proceed to sentence General Flynn.
The court has requested that the parties to the case submit a joint status report with their recommendations for further proceedings, with a proposed briefing schedule and proposed dates for oral argument, not later than September 21, 2020.
Amicus briefs submitted September 11, 2020 and June 10, 2020, without attachments: