Today we filed an amicus brief for former United States Attorney General Edwin Meese III supporting the dismissal of criminal charges against General Michael Flynn. In our brief we argue that the Attorney General of the United States, not a federal district judge, has the primary responsibility for ensuring that criminal charges are brought only for violations of actual federal crimes. In the case of General Flynn, the Department of Justice filed a 20-page motion to dismiss explaining why he plead guilty to a crime that does not exist. We explain the principles that former Attorney General and Associate Justice Robert Jackson established for prosecutors to follow. We also brought to the court’s attention two other circuit courts (4th and 5th) which have reversed district courts orders which denied motions to dismiss charges after guilty pleas had been accepted.
