En Banc Argument Suggests Trouble Ahead For Michael Flynn
Judge May Hear Reasons, Including Secret Ones, Why Conviction Shouldn't Be Vacated
These circumstances may include secret reasons, as hinted by the government during oral argument, says public interest law professor John Banzhaf, who has argued that federal judge Emmet G. Sullivan should be able to fully consider the situation.
Banzhaf notes that Jeffrey Wall, the acting U.S. solicitor general, suggested that there may be secret reasons for the governments unusual decision to reverse the conviction.
He confessed to the judges that the decision by Attorney General William Barr came "in the context of non-public information from other investigations."
Although federal judge Emmet G. Sullivan's decision to permit outsiders to comment on and possibly influence his ruling regarding former national security adviser Flynn might be unusual, it is certainly not unprecedented, nor is is it illegal or even illogical, says Banzhaf, who has been involved in several similar situations himself.