Stuart Gerson: Judge Sullivan and the Flynn case

However, Luttig argues in his op-ed that the appeals court should step in to replace the advisory counsel that Sullivan selected to argue against the motion to dismiss, block the receipt of briefs from friends of the court (including one in which I participated), and name a new trial court judge to oversee the case. With due respect, he is wrong on all counts.

It’s not uncommon for a court to appoint an outside lawyer to argue a case in lieu of the government when circumstances call for that approach. But Luttig objects to the particular counsel that the judge in the Flynn case has selected. He argues that that attorney, John Gleeson, another respected former federal judge, should be disqualified because he is biased, having argued in an opinion piece that the motion to dismiss should be denied. But this opposition misconstrues the role that he should play.