Brett Tolman: 'Outrageous decision' by Flynn judge is 'politically motivated'
Brett Tolman weighs in on the move by Judge Emmet Sullivan to delay his decision to drop Flynn charges and invite in outside groups
Former U.S. Attorney Brett Tolman thought he had "seen everything" over the course of his career until a federal judge opened the door Tuesday for legal experts and other outside parties to oppose the Justice Department’s motion to drop the case against former national security adviser Michael Flynn.
Appearing on "Fox & Friends," Tolman said he believed Judge Emmet Sullivan's decision was "outrageous" and that the Washington D.C. judge had turned himself into an "activist," willing to set aside rules, ethics, and precedent in favor of partisanship.
Although Sullivan did not directly address the Justice Department's motion to drop the charge against Flynn, in his order Sullivan announced he would set a schedule for outside parties to present arguments about the government’s request to dismiss the case.
Although Flynn pleaded guilty to lying to the FBI in 2017, the Justice Department argued last week that the FBI had an insufficient basis to question Flynn in the first place and that statements he made during the interview were not material to the broader counterintelligence investigation into ties between Russia and the Trump campaign.
Tolman told host Brian Kilmeade that while the court is going against its own rulings - which he labeled "sacrosanct" - Flynn's attorney Sidney Powell is now "going to have to do some quick-acting" on her client's behalf.
"She may file for example a writ of mandamus. That would allow her to immediately appeal this decision and this approach by this judge to the circuit," he remarked.
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"And let's face it, if it looks like this is what's going on, there is strategy then that’s at the heart of what this judge is trying to accomplish. And, that strategy is offensive to anyone who practices," he stated. "It's the United States against Michael Flynn. And, when the United States says we're no longer going to pursue it because we don't have the evidence, then the audacity of somebody outside of that coming in who has no authority is outrageous."
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