Cleveland.com | Eric Heisig
CLEVELAND, Ohio — Ohio Attorney General Dave Yost argued in a court filing that a federal judge in Washington, D.C. has no choice but to dismiss the charge against Michael Flynn, former national security advisor to President Donald Trump who pleaded guilty to lying to the FBI, after the Justice Department asked him to do so.
The brief, written by Yost and Solicitor General Benjamin Flowers, says the Justice Department, part of the Executive Branch, cannot be forced to prosecute a case because of the separation of powers spelled out in the Constitution.
It also says that U.S. District Judge Emmet Sullivan should refrain from commenting on the decision not to prosecute Flynn, arguing essentially that it’s not a judge’s place to speak up if they see problems with the decision of the president’s administration.
“Too often, that commentary comes in grandiose terms more appropriate for an op-ed than a judicial opinion,” the brief states.