[UPDATED] Judge In Flynn Case Delays Decision, Allows Amicus Briefs In Unsual Move

UPDATE:

In a highly unusual ruling late Wednesday, Emmet G. Sullivan issued two-pronged order:

“Upon consideration of the entire record in this case, it is hereby ORDERED that the Court exercises its inherent authority to appoint The Honorable John Gleeson (Ret.) as amicus curiae to present arguments in opposition to the government’s Motion to Dismiss,” the judge wrote.

[I]t is further ORDERED that amicus curiae shall address whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury pursuant to 18 U.S.C. § 401, Federal Rule of Criminal Procedure 42, the Court’s inherent authority, and any other applicable statutes, rules, or controlling law.”

By this order Sullivan is appointing a retired Judge to argue against a DOJ motion to dismiss the case due to misconduct. And he is considering holding Flynn in criminal contempt for perjury apparently for withdrawing his guilty plea.

This is a stunning ruling, and many critics say a partisan one. Sullivan himself tossed the conviction of former Alaska Sen. Ted Stevens in 2009, when it emerged the government had not produced a slew of exculpatory "Brady" material.

John Gleeson was a former Bill Clinton nominee to a federal judgeship in the Eastern District of New York.

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In a highly political move, Judge Emmet G Sullivan has decided to allow 'individuals and organizations' to file amicus curiae briefs in the case of former national security adviser Michael Flynn.

The Justice Department last Thursday moved to drop the case against Flynn. But Judge Sullivan's decision to allow 'friends of the court' briefs' will delay any immediate resolution to the case.

In a response filed by Counsel to Flynn, Sidney Powell writes in part "The proposed amicus brief has no place in this Court .. No further delay should be tolerated or any further expense caused to him and his defense." 

Judge Sullivan has acted irresponsibly and unhinged in the past. He went on a bizzare rant in December 2018 during a sentencing hearing asking the government's attorneys whether they had considered charging Flynn with treason.