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<\/p>\nMATT NAHAM AND AARON KELLER
\nLaw & Crime<\/p>\n
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Federal Judge\u00a0Emmet G. Sullivan<\/strong>\u00a0late Wednesday issued a stunning ruling in the prosecution of\u00a0Michael Flynn<\/strong>, President\u00a0Donald Trump<\/strong>\u2018s former National Security Advisor.\u00a0 The two-pronged order (1) appoints a former federal judge to argue against dismissing the case; and (2) considers holding Flynn in criminal contempt for perjury.<\/p>\n \u201cUpon consideration of the entire record in this case, it is hereby ORDERED that the Court exercises its inherent authority to appoint The Honorable\u00a0John Gleeson<\/strong>\u00a0(Ret.) as amicus curiae to present arguments in opposition to the government\u2019s Motion to Dismiss,\u201d the judge wrote.\u00a0 \u201c[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. \u00a7 401, Federal Rule of Criminal Procedure 42, the Court\u2019s inherent authority, and any other applicable statutes, rules, or controlling law.\u201d<\/p>\n Judging by the order, Sullivan is not pleased that Flynn took up the court\u2019s time by pleading guilty, firing his lawyers, hiring new lawyers, and moving to withdraw his guilty plea. As if that wasn\u2019t enough, the Department of Justice filed a motion to dismiss its case against Flynn.<\/p>\n Gleeson, a\u00a0Bill Clinton<\/strong>\u00a0nominee to a federal judgeship in the Eastern District of New York, was previously an Assistant United States Attorney for the same district. As a prosecutor, Gleeson secured a conviction against mobster\u00a0John Gotti<\/strong>. He also prosecuted the so-called \u201cWolf of Wall Street,\u201d\u00a0Jordan Belfort<\/strong>. He retired as a judge to pursue\u00a0a career in private practice<\/a>.<\/p>\n The statute Sullivan cited, 18 U.S.C. \u00a7 401,\u00a0reads as follows<\/a>:<\/p>\n A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as \u2014 Criminal Procedure Rule 42\u00a0deals with<\/a>\u00a0criminal contempt proceedings.\u00a0 It requires, in part, that criminal contempt \u201cbe prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney.\u201d<\/p>\n The rule also contains an escape hatch for the judge in the event the government refuses.\u00a0 \u201cIf the government declines the request, the court must appoint another attorney to prosecute the contempt.\u201d<\/p>\n Earlier Wednesday, Sullivan\u00a0again pumped the brakes<\/a>\u00a0on attempts by the Department of Justice and Flynn\u2019s legal team to have the criminal against Flynn dismissed.\u00a0 Sullivan told a group of Watergate prosecutors to stand down in their attempt to suggest Flynn could be sentenced regardless of the consecutive attempts of the actual litigating parties to toss the case.\u00a0 Flynn told the prosecutors \u2014\u00a0whose histories Law&Crime has detailed<\/a>\u00a0\u2014 to wait for the court to establish a calendar for\u00a0amicus curiae<\/em>\u00a0proceedings.<\/p>\n Flynn\u2019s legal team\u00a0has argued this week<\/a>\u00a0that the case should be dismissed immediately.<\/p>\n Sullivan was nominated to judgeships by presidents Clinton and\u00a0Ronald Reagan<\/strong>.<\/p>\n READ the order below.<\/p>\n Sullivan wants to know why \u2026<\/a>\u00a0by\u00a0Law&Crime<\/a>\u00a0on Scribd<\/p>\n
\n(1)Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
\n(2)Misbehavior of any of its officers in their official transactions;
\n(3)Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.<\/p><\/blockquote>\n