THREAD: There is A LOT wrong in the Gleeson co-op-ed, but I want to highlight one aspect because it exposes Gleeson as a political hack. And this is beyond his firms connections to Sally Yates & his reported supervision of Weissmann. 1/ https://twitter.com/adamgoldmanNYT/status/1260709827514376198

2/ And this is beyond his misrepresentation of the governing rule that requires "leave of court" to dismiss criminal charges. (I covered that in my article today). https://thefederalist.com/2020/05/14/the-constitution-requires-judge-emmet-sullivans-lawless-amicus-order-against-michael-flynn-be-overturned/

3/ The aspect I want to highlight is Gleeson's out-of-context quoting of the Supreme Court's Armstrong decision, which Gleeson then parlays to support Judge Sullivan (and his as amicus) authority to override Executive branches decision to dismiss charge against @GenFlynn

4/ Here is what Gleeson wrote. The retired-judge suggests that where there is clear evidence of irregularity a judge can refuse to dismiss a charge & then he implies that such evidence exists in his claimed smell of "improper political influence."

5/ Beyond the factual fallacy--there is no evidence of improper political influence and in fact independent U.S. Attorney Jeff Jensen discovered wrongly withheld evidence--Gleeson twists the law. The "presumption of regularity" language Gleeson cites originated long ago and...

6/ in the context of the Executive Branch's unfettered authority to make prosecutorial decisions--when to charge, what to charge, when not to charge, and when to dismiss-that languages concerned selective prosecution, i.e., where a defendant claimed HE prosecuted b/c of his race.

7/ The Supreme Court in Armstrong allowed for limited second-guessing of prosecutorial decisions--because of the Equal Protection rights of a defendant and the potential of invidious race-based discrimination. In very limited circumstances, court could order charges dismissed.

8/ Nothing in Armstrong suggests the Judicial Branch has the power to FORCE the Executive Branch to prosecute a case the DOJ deems inappropriate. Judge Gleeson lied to American in implying otherwise. And he knew full well what he was doing.

9/9 And Judge Sullivan knew full well what he was doing in appointing Gleeson an amicus curiae. Shame on both of them. And shame on the media for their continued roll in ObamaGate. END