Judge Opposing Flynn Ruled in 2012: ‘Abuse of Discretion’ Not to Allow Dismissal

Retired federal judge John Gleeson, who was appointed Wednesday to present arguments against letting Michael Flynn go free, ruled in 2012 that it would be an “abuse of discretion” for the court not to allow the government to drop a prosecution.

Judge Emmet G. Sullivan appointed Gleeson to argue as amicus curiae (“friend of the court”) against granting a Department of Justice (DOJ) motion to dismiss the case against Flynn, and to argue for finding Flynn in criminal contempt of court for changing his plea. On Monday, Gleeson co-authored an op-ed in the Washinton Post opposing the DOJ’s decision, saying it “reeks of improper political influence” — and not because Flynn was targeted by the lame-duck Obama administration.

But in a criminal case in 2012, U.S. vs. HSBC USA, Judge Gleeson approved a deferred prosecution agreement (DPA) and made the observation that if the government had tried to dismiss the case, he would have had little choice.

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