If, after careful review, the judge finds that the government’s motion to dismiss the case against Michael Flynn is tainted, he has a duty to deny that motion.
Andrew Manuel Crespo is a Professor of Law at Harvard Law School, where he teaches and writes about criminal law and procedure. Prior to becoming a professor, Crespo served as a Staff Attorney at the Public Defender Service for the District of Columbia. Before that, he served for three years as a law clerk, to Judge Stephen Reinhardt, Justice Stephen Breyer, and Justice Elena Kagan.
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Last week, I wrote an op-ed in The Boston Globe suggesting that a private attorney should be appointed to challenge the constitutionality of former Sheriff Joseph Arpaio’s pardon—a suggestion that has now been formally presented to the judge in Arpaio’s case.
The New York Times recently unearthed a thorough legal memo, prepared twenty years ago for Independent Counsel Kenneth Starr, that advances the view that a sitting president can be indic