Sol Wisenberg says Flynn case judge may be trying to force pardon out of Trump with unusual orders

close

Video

Activist judge tries to slow effort to drop Michael Flynn case

Federal judge taps Clinton-appointee to present arguments against Flynn; reaction and analysis from Sol Wisenberg, former Whitewater deputy independent counsel.

Former Whitewater deputy independent counsel Sol Wisenberg joined "The Ingraham Angle" Wednesday to discuss U.S. District Judge Emmett Sullivan's order allowing a third party to present arguments opposing the Justice Department's motion to dismiss the case against former National Security Adviser Michael Flynn.

That third party is retired federal judge John Gleeson, who openly criticized the Trump administration's handling of Flynn's case in a recent Washington Post Op-Ed. That has raised concerns that he was selected to improperly bolster Sullivan's efforts to keep the Flynn case alive.

OBAMA KNEW DETAILS OF FLYNN CASE, SHOCKING TOP DOJ OFFICIAL, DOCS SHOW

"That editorial was written before Judge Sullivan did what he did tonight, which is even more shocking," Wisenberg said. "He appointed former federal judge John Gleeson to be the amicus, the one-person amicus on that issue of what he should do with the motion to dismiss.

"But he [Sullivan] also asked Judge Gleeson to look at whether or not Michael Flynn should be held in contempt, presumably because he perjured himself when he said he was guilty for lying to the government. That's really, really shocking."

Despite the unusual move by Sullivan, Wisenberg said that the judge will eventually have to honor the DOJ's request.

"The D.C. Circuit, which governs Judge Sullivan, made it very clear you cannot refute if the government wants to dismiss a case," he said. "The district court cannot refuse to do so because he doesn't like the government's theory, because he thinks the governor of the government should continue the case.

CLICK HERE TO GET THE FOX NEWS APP

Wisenberg also put forth that Sullivan is trying to force President Trump to pardon Flynn before the case is dispensed with.

"I believe Judge Sullivan is trying, basically, to force Donald Trump to issue a pardon if he wants Mike Flynn to go free. And that's not right," Wisenberg said. "[Attorney General] Bill Barr has given his reason for why the case should be dismissed. He's the executive branch. He represents the executive branch in the courts, and he is allowed to do that."

Fox News' Gregg Re contributed to this report.