Judge Emmett Sullivan has "gone rogue" with his continued refusal to withdraw the federal charges against former Trump national security adviser Michael Flynn, Sen. Lindsey Graham said Friday.
"I've never known a case where the government comes forward and asks the court to withdraw charges because they found evidence not revealed to the court or defendant, and the judge refuses to grant the motion by the government," said the South Carolina Republican on Fox News' 'Fox and Friends."
On Wednesday, a panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in a 2-1 decision, in favor of Flynn and the Trump administration to prevent Sullivan from exercising his discretion on whether to grant the department's motion to clear Flynn, who twice pleaded guilty to lying to the FBI.
However, Sullivan did not immediately dismiss the case and has suspended a July 16 hearing and deadlines for more briefs.
"He is staying the hearing so this has become a complete joke and unfair to Gen. Flynn," said Graham. "Eventually Gen. Flynn will receive justice. That's going to take a while apparently."
Meanwhile, Graham Friday asked where now-declassified documents have been that show Joe Biden, the Democrats' presumptive presidential nominee, had asked about using the Logan Act against Flynn during a meeting with then-President Barack Obama, FBI Director James Comey and Deputy Attorney General Sally Yates, according to notes taken by former FBI official Peter Strzok.
He pointed out that on Jan. 4, 2016, the FBI agent in charge of the Flynn investigation recommended the retired lieutenant general be dropped from the "Crossfire Hurricane" investigation into links between Russia and associates of then-incoming President Donald Trump.
"On January 5, you have the meeting in the Oval Office with the vice president and president and the Logan Act is mentioned," said Graham. "There's no way it's a violation of the Logan Act for the incoming national security adviser to be talking to the Russian ambassador about changing policy. That could never be a violation of the Logan Act, so there's something really fishy here."
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