McConnell And Other GOP Senators Inject Themselves Into Michael Flynn Mess

WASHINGTON, DC - MARCH 10: Senate Majority Leader Mitch McConnell (R-KY) speaks to reporters following the Senate Republican policy luncheon which both President Donald Trump and Vice President Mike Pence attended on March 10, 2020 in Washington, DC. Lawmakers focused on the spread of the coronavirus and the state of the economy as markets react to the virus during the luncheon. (Photo by Samuel Corum/Getty Images) *** Local Caption *** Mitch McConnell
Senate Majority Leader Mitch McConnell (R-KY) speaks to reporters following the Senate Republican policy luncheon on March 10, 2020. (Photo by Samuel Corum/Getty Images)
Start your day with TPM.
Sign up for the Morning Memo newsletter

A group of about a half-dozen Republican senators led by Majority Leader Mitch McConnell sided with the Justice Department and Michael Flynn Monday in their extraordinary beef with the judge handling Flynn’s case.

The senators sought to file a “friend of the court” brief Monday evening with the U.S. Court of Appeals for the D.C. Circuit that urged the court to intervene and order that Flynn’s case be dismissed.

Their move to jump into the fray was notable given the messiness of the current Flynn situation. In other instances, McConnell in particular has tried to sidestep controversies that have arisen from President Trump’s attempts to obstruct justice and the politicization of Trump’s Justice Department.

The current dispute in front of the appeals court centers on the U.S. District Judge Emmet Sullivan’s move to hold off on dismissing Flynn’s case and instead air out some of the concerns about the DOJ’s shocking reversal of its own prosecution. Despite having secured Flynn’s guilty plea – twice – the Justice Department wants to throw the case out.

In Monday’s filing, the Republican senators backed the executive branch’s “exclusive discretion to begin and to end a prosecution.”

They called for an “immediate appellate intervention” and warned of “grave consequences” if Sullivan was allowed to continue with his plan of having an outside party file briefs opposing the Justice Department request to drop the case. With Flynn and Justice Department now on the same side, it was no longer an adversarial proceeding, so Sullivan wanted someone to represent the opposing point of view in the case.

The GOP senators claimed Sullivan’s decision to delay the dismissal for the additional briefing was “inconsistent with the Constitution, the laws adopted by Congress, and the Federal Rules of Criminal Procedure.”

The filing offers almost no defense of Flynn’s underlying conduct. In December 2017, Flynn pleaded guilty to lying to the FBI about his Russian contacts in an early 2017 interview. But only in recent months has he tried to walk away from that plea.  For several months the Justice Department continued to defends its prosecution of him, until its shocking reversal last month in seeking the case’s dismissal.

The only time the GOP senators addressed Flynn’s conduct head on was to argue that the fact that he “previously pled guilty and otherwise faces sentencing makes no difference” to whether the court is obligated to grant the dismissal request.

Likewise, the GOP senators did not get into the weeds of the Justice Department’s extraordinary backtracking in the case.

The senators who joined McConnell in filing the brief were Sens. Tom Cotton (R-AR), Mike Braun (R-IN), Kevin Cramer (R-ND), Ted Cruz (R-TX), Chuck Grassley (R-IA), and Rick Scott (R-FL).

Read it below:

Latest News
67
Show Comments

Notable Replies

  1. Just providing more political cover for the incoming political activism of the court.

    The brief is abject nonsense and exists solely to exist and be something Rao and Henderson can point to, citing its mere existence as further support for their shredding of the Constitution and our criminal justice system.

  2. I think we know what their response to declaring war against the American people last night will be now.

  3. Avatar for tsp tsp says:

    In Monday’s filing, the Republican senators backed the executive branch’s “exclusive discretion to begin and to end a prosecution.

    IOW, the law depends on the political and personal interpretations of whoever is POTUS at the moment.

  4. Man.

    They really want to ride this hoss, don’t they?

    I guess I’m really stupid–or stupider than they are–because I simply cannot conceive how going to bat for a DoJ that is, in effect, going to bat for a twice-self-confessed traitor to his country is going to do them a lick of good, especially within the context of a failed presidency that they have aided and abetted via sins–yes–of commission and omission.

  5. Yeah, that’s what they should be focusing on.

    Why bother with:

    A pandemic
    Police riots
    Record unemployment
    An insane President

Continue the discussion at forums.talkingpointsmemo.com

61 more replies

Participants

Avatar for valgalky23 Avatar for playitagainrowlf Avatar for austin_dave Avatar for sysprog Avatar for trnc Avatar for steviedee111 Avatar for dont Avatar for daveyjones64 Avatar for ralph_vonholst Avatar for kitty Avatar for bboerner Avatar for khaaannn Avatar for benthere Avatar for jonney_5 Avatar for blogamator Avatar for birdford Avatar for brian512 Avatar for maximus Avatar for iamsmall Avatar for jwbuho Avatar for pwmesq Avatar for rascal_crone Avatar for emiliano4 Avatar for LeeHarveyGriswold

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: