Ken Starr calls on Flynn case judge to step aside: 'You've gone too far, you've crossed the bounds'

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Ken Starr on Michael Flynn filing emergency appeal to force judge to uphold DOJ decision and dismiss charges

Former Independent Counsel Ken Starr, author of 'contempt: A Memoir of the Clinton Investigation,' joins Martha MacCallum on 'The Story.'

Former Whitewater independent counsel Kenneth Starr told "The Story" Tuesday that U.S. District Judge Emmet Sullivan is putting his "superb reputation" at risk with his conduct in the Michael Flynn case.

Starr, a former judge on the D.C. Circuit Court of Appeals, told host Martha MacCallum that Sullivan's appointment last week of retired New York federal judge John Gleeson to submit a brief arguing against the Justice Department's motion to dismiss its case against Flynn necessitates a change on the bench.

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"This has been a series of terrible injustices," Starr explained. "The [Jan. 24, 2017] interview [of Flynn by] the FBI should not have taken place. The FBI investigated for four months and were closing the case. That determination was countermanded [as] a political matter, and you just talked about the other dimension: intrusion [in] the process of transition from one administration to the next."

Starr added that the Justice Department holds the sole prerogative over whether or not charges in a particular case should be dismissed, and noted that Attorney General Bill Barr had simply agreed to the recommendation made by a career prosecutor who studied the case.

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"So the case should in fact be thrown out and I hope that's what my old court, the D.C. Circuit sees fit to do," Starr concluded.

"As for Judge Sullivan, who has a superb reputation over the years, you've gone too far, you've crossed the bounds, you are now seeking to become a prosecutor and not a judge, and you should step aside."