A federal judge on Wednesday issued an order appointing a retired judge with advising whether former Trump administration national security adviser Lt. Gen. Michael Flynn should face an additional criminal contempt charge for perjury.
U.S. District Judge Emmet Sullivan, who presides over Flynn’s criminal case, appointed John Gleeson, a former federal judge in New York, as an amicus curiae—or friend-of-the-court—to “present arguments in opposition to the government’s Motion to Dismiss,” and to “address whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury.”
Gleeson has been in private practice since 2016. Before serving for more than two decades as a federal judge in New York, he was a federal prosecutor who handled a number of high-profile cases. One such case was against late Gambino crime family boss John Gotti.
Justice Department spokeswoman Kerri Kupec declined to comment on Sullivan’s latest order when reached by The Associated Press. Earlier, in an interview Tuesday evening with Fox News, Kupec said the department’s position was clear in the motion to dismiss the case.
“We do not believe this case should have been brought, we are correcting that and we certainly hope that in the interest of true justice, that the judge ultimately agrees and drops the case against General Flynn,” she said.
Flynn’s lead lawyer, former federal prosecutor Sidney Powell, had said that Flynn didn’t lie, and pleaded guilty because prosecutors at the time didn’t give him exculpatory information and exerted pressure on him and his family. Powell also argued that Flynn’s previous lawyers had a conflict of interest that prevented them from advising him properly.
Flynn’s guilty plea was related to an interview he had with FBI agents on Jan. 24, 2017. The interview focused on his phone calls in late 2016 with then-Russian Ambassador to the United States Sergey Kislyak.
While it’s possible that what Flynn told the FBI agents didn’t quite match what the FBI knew from wiretaps of Kislyak’s calls, Flynn didn’t intentionally lie, Powell previously said.
In May 2017, former FBI Director Robert Mueller was appointed as a special counsel to take over the FBI’s investigation, which, after 22 months did not find sufficient evidence to establish that Trump or his campaign conspired or coordinated with the Russian government to sway the outcome of the 2016 presidential election.
“What’s our goal? Truth/Admission or to—get him [Flynn] to lie, so we can prosecute him or get him fired?” the note read.
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