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Harvard Law professor emeritus Alan Dershowitz pushed back on the new ruling by the judge in the Michael Flynn case, arguing he’s acting in a partisan fashion to “resurrect” the prosecution of President Trump’s former national security adviser.
“The great tragedy is that the American public does not know who to trust. They don’t know who is using politics and misusing national security,” the author of “Guilty By Accusation” told “The Ingraham Angle” on Wednesday. “Everybody seems to be weaponizing national security and other issues for political advantage.
“Now, enter Judge [Emmet] Sullivan, who has become the most partisan, the most political in this effort to try to resurrect the prosecution against Flynn.”
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Sullivan issued anl order Wednesday appointing a law firm partner “to present arguments in opposition to the government’s motion to dismiss” the matter — and to consider whether the court should hold Flynn in contempt for perjury.
The partner, retired federal judge John Gleeson, has openly criticized the Trump administration’s handling of Michael Flynn’s case, raising concerns that he was selected to improperly bolster Sullivan’s efforts to keep the Flynn case alive even though both the government and defendant want it dismissed.
Sullivan has previously suggested Flynn may have committed treason, in a 2018 courtroom outburst, and seemingly confused key details about Flynn’s overseas lobbying work.
The precise reasons for the perjury review were not clear in Sullivan’s order. Last year, Flynn abruptly abandoned his plan to provide testimony against a former associate, after admitting that he had lied on federal forms required under the Foreign Agents Registration Act (FARA). Flynn has said he received constitutionally inadequate legal advice.
Although Flynn was never charged with the FARA violations or perjury, he admitted to making “materially false statements and omissions” concerning his work in Turkey as part of his plea agreement. Flynn ultimately pleaded guilty only to one count of lying to FBI agents in the White House in January 2017 as his legal bills mounted, leading him to sell his home.
Flynn did not plead guilty to perjury, which applies to false statements under oath in a legal proceeding. (In leaked remarks this week, though, former President Obama conspicuously suggested Flynn had been charged with perjury.)
Dershowitz stressed that U.S. Attorney John Durham’s investigation to review the Department of Justice’s conduct in the Russia probe is “essential” so that Americans know the “facts” of the matter from a nonpartisan investigator.
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“Let the facts be revealed and let the chips fall where they may so the American public can judge,” he concluded.
Durham is going “full throttle” with his review into the origins of the investigation into suspected Russia-Trump coordination in the 2016 election, with additional top prosecutors involved in looking at different components of the original probe, sources told Fox News.
Fox News’ Gregg Re contributed to this report.