Barr's Scheme to Exonerate Trump Crony Michael Flynn Just Hit a Brick Wall - 2020-05-13
First, earlier this week, a retired judge and two former U.S. Attorneys pointed out that this apparent legal coup does not have to end the matter. In an op-ed, the three legal eminences argued that the court has the power to bring in outside legal advisers to argue the case, even if the government has dropped its prosecution, and potentially still sentence the defendant.
Then, earlier this evening, the New York Times reported that Barr's lawyers misled the court about the testimony of a key figure in the Flynn case. The Justice Department told the judge, Emmet Sullivan, that FBI notes indicated its agents only interviewed Flynn in order to trap him into lying. An FBI agent involved in the Flynn interview told the Department this wasn't true, a fact the DOJ failed to include in its request to let Flynn go.
Then tonight, Judge Sullivan dropped a bomb. He announced that he would not simply rubber stamp Barr's maneuver to free Flynn. Instead, he is bringing in a judge to review the case and provide the pushback against Flynn's defense lawyers that is missing now that the DOJ has essentially joined in with Flynn's legal team.