The judge overseeing Michael Flynn’s prosecution defended his decision not to rubber-stamp the Justice Department’s dismissal of its case against President Donald Trump’s former national security adviser.
U.S. District Judge Emmet Sullivan in Washington said in a brief filed Monday that he has the discretion to further consider the matter, which has sparked debate about the independence of both the judiciary and the Justice Department.
Flynn, who pleaded guilty to lying to FBI agents during the Russia probe, has argued that Sullivan has no choice but to grant the government’s May 7 motion to dismiss the case.
The U.S. Court of Appeals in Washington last month ordered the judge to respond to Flynn’s claim that he exceeded his authority by not immediately doing so.