“In the United States, the presidents do not organize pressure campaigns to get the Justice Department to bring charges against defendants who have pleaded guilty twice before two different judges and whose guilt is obvious,” wrote Gleeson.
“But that’s exactly what happened here,” he added.
He reiterated his position that Judge Emmet Sullivan should reject the Justice Department’s motion to dismiss the case and move on with the conviction of Flynn.
In a short space of time, Gleeson urged Sullivan to keep the case alive and convict Flynn for lying to the FBI and perjury during the trial when he declined his previous pledge. Flynn went to the DC Circuit Court of Appeals for an emergency injunction and won a temporary victory that would have ended the case – but that decision was then overturned last month.
“The government is trying to give special treatment to a criminal defendant because he is preferred by the president,” wrote Gleeson, arguing that the judge “would send an important message about the rule of law by refusing to give (Flynn’s) special treatment.” grant. ” Perjury.”
It is up to Sullivan to decide how to proceed. However, if he chooses to keep the case alive, Flynn could appeal that decision, creating greater legal limbo.
“To call the government’s motion for rejection irregular would be an understatement study,” Gleeson wrote.
Gleeson accuses the Justice Department of invoking a “false paperwork parade” and “straw man” arguments to protect Flynn.
Gleeson denied Justice Department allegations that Flynn’s lies were not essential to the Russia investigation, citing the latest bipartisan report from the Senate Intelligence Committee. The committee said it had investigated Flynn and other Trump supporters’ contacts with Russians “to better understand what Moscow wanted to gain from Team Trump”.
When asked to drop the case, prosecutors said they weren’t sure they could prove that Flynn’s statements to the FBI were in fact false. Gleeson wrote that “Flynn confessed repeatedly” and said that his “numerous and consistent confessions should as well as settle the issue.”
Flynn was a key witness in Robert Mueller’s investigation into Russia’s interference in the 2016 elections and potential obstacles.
Months later, the Justice Department announced its intention to drop the case, an extraordinary reversal after years of prosecuting Flynn. The decision came when Trump cracked down on the Mueller investigation and Attorney General William Barr took steps to undo some of Mueller’s achievements.
The case has been in legal limbo since then, although Gleeson’s filing on Friday was one of the last procedural steps on the agenda before Sullivan can move forward.
For his part, Flynn and his lawyers say he is innocent and implicated in the Russia investigation only because of abuse by Müller and senior Obama government officials. His plight has become a rallying cry for Trump and right-wing media, who have advocated many of his theories, despite almost no evidence to support it.
As his case meandered through the court system this summer, Flynn and some of his conservative attorneys began to join the QAnon conspiracy theory movement, and Trump even said he would consider putting Flynn back into administration if he wins a second term .
CNN’s Katelyn Polantz contributed to this report.