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#Flynn legal team blasts federal judge for delaying case dismissal

#Flynn legal team blasts federal judge for delaying case dismissal

July 20, 2020 | 1:36pm

Michael Flynn’s legal team argued in a brief that a federal judge holding up the dismissal of the former national security adviser’s case has acted out of spite and his actions constitute “judicial overreach,” according to a report on Monday.

The brief filed with the DC Circuit Court blasted US District Judge Emmet Sullivan for his foot-dragging after an appeals court ordered him in a 2-1 ruling to dismiss the charges following the Justice Department decision in May to drop the charges.

The appeals court also said it isn’t in Sullivan’s power to examine the government’s request to drop Flynn’s case.

“His actions smack of vindictive animus against General Flynn and judicial overreach that have no place in America’s justice system. No precedent even suggests a ‘hearing’ on a substantial government motion to dismiss. Not one,” Flynn’s lawyers write, Fox News reported.

They said the court should not rehear arguments.

“The umpire cannot force the teams to play extra innings after the game is over. He, the players, and the spectators need to go home and turn off the floodlights,” they said.

The appeals court on July 10 gave Flynn’s team 10 days to respond to Sullivan’s request for a hearing by the full appeals panel.

After a review of Flynn’s case, the Justice Department said FBI agents had no valid reason for questioning him as part of the Russia probe.

Flynn, a retired three-star general, pleaded guilty twice to lying to the FBI about his contacts with then Russian Ambassador Sergei Kislyak during the transition period after President Trump’s election in 2016.

He changed his plea in January after he switched legal teams.

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