Flynn Judge Should Not Change Role Of Amicus Curiae

Law360 (May 20, 2020, 5:50 PM EDT) -- As I wrote last week, U.S. District Judge Emmet G. Sullivan's May 13 appointment of former U.S. District Judge John Gleeson as amicus curiae in the case of former Trump national security adviser Michael Flynn — specifically, to argue against the U.S. Department of Justice's motion to drop its prosecution in light of recently uncovered exculpatory evidence — is troubling on many levels.

Flynn case developments since last week have only heightened my professional anxiety about the way that Judge Sullivan is attempting to use amici curiae. More specifically, as an appellate attorney who has authored numerous amicus briefs, and written and spoken...

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