5 thoughts on “United States of America v. Michael T. Flynn, Case No. 17-cr-00232 (EGS) Brief Amici Curiae of Separation of Powers Scholars Laurence H. Tribe et al Supporting Denial of the Government’s Motion To Dismiss”

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  2. > This case is ultimately about judicial independence and the integrity of the Judicial Branch
    and therefore about the rule of law in our constitutional democracy. The government’s motion to
    dismiss the case against Michael Flynn, after he twice pled guilty to violating 18 U.S.C. § 1001,
    asks this Court to place its imprimatur on **the Executive Branch’s virtually unprecedented decision
    to dismiss a prosecution after the case has been won.** This Court should deny that invitation.

    > Some have suggested that the Executive Branch’s prosecutorial discretion and the
    separation of powers compel this Court to grant the government’s motion. Such suggestions are
    profoundly misguided. **If anything, the separation of powers militates in the opposite direction
    and protects this Court’s authority to complete the resolution of this case, free from the interference
    of the Executive Branch. By denying the government’s motion, this Court would not be invading
    the prosecutorial discretion of the Executive Branch but rather ensuring the independence and
    integrity of the judiciary, which are fundamental values safeguarded by the separation of powers.**

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