Alaska attorney general signs brief, agreeing that DOJ can abandon Flynn case

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ANCHORAGE (KTUU) - The U.S. Department of Justice controversially abandoned the prosecution of former national security advisor Lt. Gen. Michael Flynn. Now, Alaska Attorney General Kevin Clarkson has joined 13 other state attorneys general in calling for that decision to stand.

In an amicus brief filed in federal court on Wednesday, the attorneys general argued that Judge Emmet G. Sullivan would breach the separation of powers doctrine if he ordered that the prosecution of Flynn should proceed.

“A judge who abandons the bench for the prosecutor’s table can serve credibly in neither role,” the brief reads.

According to the amicus brief, the decision of whether to prosecute a case should be left solely to the executive branch and not to the judiciary.

Earlier in the month, U.S. Attorney General William Barr ordered that the prosecution of Flynn should be abandoned. The controversial decision sparked 2,000 former officials from the Department of Justice and the FBI to call for Barr’s ouster.

In 2017, Flynn pleaded guilty to lying to the FBI. In April, he sought to withdraw that plea.

Sullivan said he wanted retired federal judge John Gleeson to make arguments against the Justice Department’s decision to drop the Flynn case. Sullivan allowed third parties to file briefs for and against the Justice Department’s decision.

On Tuesday, Flynn asked Sullivan to drop the case against him.

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