GOVERNMENT’S MOTION TO DISMISS THE CRIMINAL INFORMATION AGAINST THE DEFENDANT MICHAEL T. FLYNN
“The advocacy function of a prosecutor includes seeking exoneration and confessing error to correct an erroneous conviction.” Warney v. Monroe Cty.., 587 F.3d 113, 125 (2d Cir. 2009). So in the final analysis, irrespective of Mr. Flynn’s plea, “prosecutors have a duty to do justice.” Darui, 614 F. Supp. 2d at 37; see also Marshall v. Jerrico, Inc., 446 U.S. 238, 249 (1980) (“Prosecutors are also public officials; they too must serve the public interest.”) (citation omitted). Federal prosecutors possess “immense power to strike at citizens, not with mere individual strength, but with all the force of government itself.” Robert H. Jackson, The Federal Prosecutor, 24 Judicature 18, 18 (1940) (address delivered at the Second Annual Conference of United States Attorneys, April 1, 1940). For that reason, “the citizen’s safety lies in the prosecutor who … seeks truth and not victims, who serves the law and not factional purposes, and who approaches [the] task with humility.” Id. Based on a careful assessment of the balance of proof, the equities, and the federal interest served by continued prosecution of false statements that were not “material” to any bona fide investigation, the Government has concluded that the evidence is insufficient to prove its case beyond a reasonable doubt. The Government therefore moves to dismiss the criminal information under Rule 48(a).
https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.198.0.pdf