December 11, 2020
On Dec. 8, federal Judge Emmet Sullivan dismissed as moot the criminal charge against Michael Flynn following President Trump’s pardon of the retired lieutenant general.
Those outraged over the vindicative and unjust targeting of President Trump’s former national security advisor by the Obama-Biden administration and then the special counsel’s office celebrated the conclusion of the case. Yet Judge Sullivan’s dismissal came in the form of a vindictive, unconstitutional advisory opinion, designed to convict Flynn of a crime he did not commit and to disparage President Trump and the Justice Department.
Flynn and the Department of Justice should not allow Sullivan’s final irrational and unhinged act of judicial defiance to go unanswered. Flynn and the Department of Justice should file a joint motion to vacate the opinion. When Judge Sullivan refuses, they should seek review by the D.C. Circuit Court of Appeals. While such a procedure is rare, it is justifi