Brief on Behalf of Former Federal Prosecutors and High-Ranking Department of Justice Officials in United States v. Flynn

79 Pages Posted: 12 Jun 2020

Date Written: May 19, 2020

Abstract

This amicus curiae brief is submitted in United States v. Flynn, the criminal prosecution of former National Security Advisor Michael Flynn. It is authored by Professor Andrew Manuel Crespo and attorneys from Protect Democracy, on behalf of former federal prosecutors and high-ranking Department of Justice officials. The brief argues that the court has not only the authority but also the responsibility to review the government's motion to dismiss the case against Flynn with care, and to deny the motion if a dismissal would be contrary to the public interest. The brief analyzes the substantive defects in the government's argument that Flynn's acknowledged lies to the FBI were not "material" within the meaning of 18 USC 1001. And it explains why all of the publicly available evidence to date indicates that the motion to dismiss was motivated by a desire to satisfy the president's personal political interest, and thus contrary to the public interest as a matter of law.

Suggested Citation

Crespo, Andrew Manuel, Brief on Behalf of Former Federal Prosecutors and High-Ranking Department of Justice Officials in United States v. Flynn (May 19, 2020). Available at SSRN: https://ssrn.com/abstract=3605418 or http://dx.doi.org/10.2139/ssrn.3605418

Andrew Manuel Crespo (Contact Author)

Harvard Law School ( email )

1525 Massachusetts
Cambridge, MA 02138
United States

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