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.
Kristy Parker is counsel at Protect Democracy. She previously served for fifteen years in the U.S. Department of Justice as deputy chief, special litigation counsel, and trial attorney in the Criminal Section of the Civil Rights Division, and for four years as a trial attorney in the Civil Division’s Torts Branch. Kristy also served as a law clerk to the Hon. Stephanie K. Seymour on the U.S. Court of Appeals for the Tenth Circuit. She graduated from Harvard Law School.
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The Constitution forbids the Trump administration from allocating federal resources needed in the fight against the coronavirus to states based on politics or patronage.
If the president tries to force states to prematurely ease social distancing restrictions, they should resist. They have the Constitution on their side, and they will almost certainly win in court.
The White House’s threat Monday to revoke the security clearances of former intelligence community officials who have criticized the president over his response to Russian interference in the 2016 election (and Tuesday’s apparent escalation) is the latest move in the Trump administration’s ongoing campaign to punish those who voice disagreement with the president.