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Attorneys General from 15 states file brief in support of DOJ's motion to dismiss Flynn case

'Such punditry disrobes the judiciary of its cloak of impartiality,” reads the brief ⁦

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Retired General Mike Flynn
Retired Lt. Gen. Michael Flynn
(Chip Somodevilla/Getty Images)
Updated: May 19, 2020 - 8:29am

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Attorneys General from 15 states have filed an amicus brief with the D.C. Circuit Court in support of the Justice Department's motion to dismiss the case against former National Security Advisor Michael Flynn.

The motion was filed May 9. But Circuit Judge Emmet Sullivan has delayed a decision on the motion, instead allowing amicus briefs to be submitted and reviewed before he decides.

The states attorney's filing was led by Ohio Attorney General David Yost and suggest the briefs are "punditry" that "disrobes the judiciary of its cloak of impartiality.” The brief also argues the court is “inserting itself into the Justice Department’s exercise of prosecutorial discretion.”

Though amicus briefs are common in civil cases, they are not typically utilized in criminal cases, such as the one against Michael Flynn. 

Sullivan has also appointed retired Judge John Gleeson to argue against the dismissal of the case.

Some have praised Sullivan's invitation to third party members to argue against the dismissal of the case, while others believe it is an act of egregious judicial overreach and do not believe the judge should behave as prosecutor. 

Flynn as part of a plea agreement pleaded guilty two lying to FBI agents in connection with the agency's Russia collusion probe. He Justice Department asked the court to drop the case upon the release of documents that suggested the agents overstepped their authority in the case in getting the confession from Flynn.

Sullivan presided over Flynn's sentencing in December 2018.