U.S. District Court Judge Emmett G. Sullivan has taken the unusual step of hiring an attorney to represent him as an appeals court reviews his decision not to immediately grant the Justice Department's (DOJ's) request to dismiss its case against former National Security Adviser Michael Flynn.
, is expected to notify the D.C. Court of Appeals within the next week of her decision to represent him. Wilkinson reportedly is a go-to for high-profile officials in difficult situations. For example, she previously represented then-Supreme Court nominee Brett Kavanaugh as he fought sexual misconduct allegations in 2018.
Rather than granting the DOJ's dismissal, Sullivan appointed a retired judge to argue against the department’s position and to consider whether Flynn should be held in criminal contempt for perjury. Flynn's attorneys responded with an emergency petition Tuesday arguing that Sullivan had “egregiously” overstepped his authority. They argued that the judge “has no authority to adopt the role of prosecutor or change the issues in the case.”
Sullivan has scheduled arguments on the dismissal motion for July 16. In the meantime, the FBI has opened an internal review into how the bureau handled the investigation into Flynn -- something that caught renewed scrutiny after FBI notes showed the agency discussing whether it intended to "get him to lie."
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