Flynn judge faces ethics complaint after delaying decision on Justice request to drop case – but agreeing to accept amicus briefs

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Flynn judge's new order draws planned ethics complaint, prompts fears case being 'hijacked'
The federal judge in the Michael Flynn case angered critics Tuesday when he said he would not immediately rule on the Justice Department's decision to dismiss its criminal case against President Trump's former national security adviser.

But D.C. District Court Judge Emmet Sullivan issued an order indicating he would soon accept "amicus curiae," or "friend of the court" submissions, in the case, a move that drew immediate scrutiny and a planned objection on ethical grounds.

“We will be filing a complaint against Sullivan,” independent journalist Michael Cernovich wrote on Twitter on Tuesday evening. “[He] is acting as a politician, not a judge."

Sullivan previously had refused to hear amicus briefs in the case. His order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipated that "individuals and organizations" will file briefs "for the benefit of the court," as he prepares his response to the government's motion to dismiss the case.

"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," Cernovich wrote. "This is a violation of the judicial oath and applicable ethical rules.” Click here for more on our top story

Other related developments: 
- Andrew McCarthy: Michael Flynn — 3 important points on the case and what's being reported
- Juan Williams decries latest moves in Flynn case as 'waste of government energy, resources and time'
- Grenell declassifies names of Obama officials who 'unmasked' Flynn

Rand Paul explains dust-up with Fauci at Senate coronavirus hearing: 'He's an extremely cautious person'
Sen. Rand Paul, R-Ky., said his tense exchange with Dr. Anthony Fauci during a Senate hearing Tuesday on the U.S. response to the coronavirus outbreak was not personal but that the leading member of the White House Coronavirus Task Force is not all-knowing.

"I don't question Dr. Fauci’s motives," Paul told host Martha MacCallum on "The Story." "I think he's a good person, I think he wants what's best for the country, but he's an extremely cautious person.

“I don't think any of these experts are omniscient,” Paul continued. “I think they have a basis of knowledge but when you prognosticate about the future or advocate for things dramatic and drastic, like closing all the schools, you should look at all the information."

During Tuesday's hearing before the Senate Health Committee, Paul challenged Fauci and argued that his words were not the “end-all” when it came to the coronavirus pandemic. In one of the more tense moments of Tuesday’s hearing, Paul – the only U.S. senator to have had a confirmed case of COVID-19 – said the public health response to the pandemic has been riddled with “wrong prediction after wrong prediction” and that Fauci should not be the one making decisions on issues outside his purview. Click here for more.

Other related coronavirus developments:
- To get all the latest news on coronavirus and more delivered daily to your inbox, sign up here.
- Michigan Gov. Whitmer cries 'power grab' after state GOP challenges her emergency powers
- LA County's coronavirus stay-at-home order may drag on through July or August, official warns
- Coronavirus will rage until it 'hits 60 to 70 percent' of the population, scientist says
- Whitmer says sports fans ‘not going to be filling stadiums in the fall’

GOP poised to retake Democrat Katie Hill's California seat; Trump-backed candidate wins big in Wisconsin
GOP candidates backed by President Trump were outperforming expectations in two closely watched congressional special elections Tuesday night, as former Navy combat pilot Mike Garcia inched Republicans closer toward retaking Democrat Katie Hill's California seat and Tom Tiffany easily prevailed in Wisconsin.

Garcia grabbed a substantial early lead Tuesday in the fight for the open U.S. House seat north of Los Angeles in the swing 25th District, giving California Republicans a chance to claim a Democratic-held congressional seat in the state for the first time since 1998. With 76 percent of precincts reporting, Garcia was leading Democrat Christy Smith 55.9 percent to 44.1 percent. Click here for more.

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SOME PARTING WORDS

Sean Hannity blasts House Speaker Nancy Pelosi and accuses her of playing politics and trying to exploit the coronavirus pandemic.

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Fox News First is compiled by Fox News' Bryan Robinson. Thank you for making us your first choice in the morning! These hard times will pass - we will get through this coronavirus crisis together. Stay safe, stay healthy, and we'll see you in your inbox first thing Thursday morning.

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