Motion for Leave to File Brief as Amicus Curiae in Opposition to the Petition for a Writ of Mandamus

FOR IMMEDIATE RELEASE
May 27, 2020 – Even before a federal judge has decided whether to let the Department of Justice drop its case against retired Army general Michael T. Flynn, Flynn has gone to a federal appeals court for an order forcing the judge to do just that. It’s the latest twist in the case of the former National Security Advisor, who twice pled guilty to lying to the FBI. 

Today, Lawyers Defending American Democracy (LDAD) – a non-partisan group of attorneys from across the country advocating to protect the rule of law – filed a brief in the appeals court arguing that Flynn’s petition for a writ of mandamus should be denied. 

The brief follows one that the group filed last week in the District Court where the Government’s motion to drop the charges against Flynn is still pending. In this new filing, the group argues that the case presents “grave rule of law issues” and that ordering the district court to grant the government’s motion to dismiss at this point – before the District Court has ruled – would “threaten public confidence in the administration of justice.” 

Flynn is seeking a special order from the court, available only in “extraordinary” circumstances. The brief argues that Flynn failed to make a case as to why his case merits extraordinary relief. He has failed to meet the fundamental legal requirement that he show he has a “clear and indisputable” right to have the Court of Appeals prevent the District Court from even ruling on the Government’s motion to dismiss his prosecution.

“The Flynn case is the latest example of how much damage the Trump administration is doing to the rule of law,” said Scott Harshbarger, LDAD’s Chairman and former two-time Attorney General of Massachusetts. “We created Lawyers Defending American Democracy to call on lawyers to stand up for the rule of law and to act where we can to defend the fabric of American democracy.” 

The brief was prepared by Eugene R. Fidell, of Feldesman Tucker Leifer Fidell LLP, Stanley J. Marcuss, former counsel to the U.S. Senate’s International Finance Subcommittee, former Senior Deputy Assistant Secretary in the U.S. Commerce Department, and retired partner of Bryan Cave Leighton Paisner, Gershon M. (Gary) Ratner, former Associate General Counsel for Litigation, U.S. Department of Housing & Urban Development, former Director of Litigation, National Veterans Legal Services Program and former Associate Director for Litigation, Greater Boston Legal Services and Evan Falchuk, former independent candidate for governor of Massachusetts and an entrepreneur and attorney.

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