Michael Flynn is not being treated like any other criminal defendant.
to allowing amicus briefs on the government’s motion, saying that allowing those briefs to be filed violates the U.S. Constitution’s separation of powers. None of these arguments is convincing.
Second, allowing amicus briefs does not violate the separation of powers. Amicus briefs are incredibly common in the appellate courts, and while they may be less common in the federal trial courts, they are hardly unheard-of. The U.S. Supreme Courtto argue in place of the prosecution when the government refuses to defend a conviction or a sentence on appeal. Sometimes those appointed lawyers even win.
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