Stephen A. Saltzburg, Wallace and Beverley Woodbury University Professor of Law, is among nearly 1,000 former federal prosecutors and high-ranking Department of Justice officials who have signed an amicus curiae brief in United States v. Flynn. The case involves the criminal prosecution of former National Security Adviser Michael Flynn who pleaded guilty in December 2017 to lying about his conversations with the Russian Ambassador to the United States over US sanctions.
In early May, the DOJ moved to drop charges against Mr. Flynn. A few weeks later, US District Judge Emmet G. Sullivan appointed former New York federal judge John Gleeson to argue against the DOJ’s bid to undo the charges and to examine whether Mr. Flynn may have committed perjury. The DOJ’s actions drew a response from more than 960 former DOJ prosecutors dating back to the Eisenhower administration.
Authored by Harvard Law School Professor Andrew Manuel Crespo and attorneys from the nonpartisan, nonprofit organization Protect Democracy, the brief signed by Professor Saltzburg and the others argues that "the court has not only the authority but also the responsibility to review the government's motion to dismiss the case against Flynn with care, and to deny the motion if a dismissal would be contrary to the public interest." It also accuses US Attorney General William Barr of serving to protect the president’s personal political interests.
In addition, Professor Saltzburg; Peter J. Smith, Arthur Selwyn Miller Research Professor; Ira C. Lupu, F. Elwood and Eleanor Davis Professor Emeritus of Law; Steven L. Schooner, Nash and Cibinic Professor of Government Procurement Law; and Spencer A. Overton, Professor of Law, were among the 2,000 DOJ alumni from both Republican and Democratic administrations to sign a letter urging Judge Sullivan to deny the government’s motion to dismiss the Flynn case and to proceed with the sentencing of Mr. Flynn.
Condemning President Trump and Attorney General Barr’s political interference in law enforcement decisions, the letter states, “Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.” It goes on to encourage Mr. Barr’s resignation and calls on Congress to hold him accountable for his abuses of power in putting the president’s interests ahead of the public interest.