In a word, NO!
He’s established a star chamber in which TWO JUDGES will make a decision. . . Without benefit of real process. The “retired” judge is still considered a JUDGE. He cannot have it both ways, having a Federal judge argue a case before another Federal judge, and call that FAIR.
Nothing fair about it. It’s the law of man. Splech!
“Does he have the authority to do that?”
“In a word, NO!”
Who has authority to step in and make this stop?
A retired judge is still a judge having “Senior Status” unless they’ve completely stepped away, like Ken Starr and Michael Chertoff. A district judge on Senior Status has a reduced workload (3 jury cases a year in the WD of OK). They get reduced salary, but enjoy full chambers, and library, and clerks.
Gleeson resigned in 2016 and went to private practice. Gleeson stepped away completely. This is usually done if the judge believes he can earn more $$ away from the bench.
The appointment, without any input by the parties, is irregular. Some federal judges think they can do anything - and they are snapped back by the circuit courts. I would imagine that the DOJ and Ms. Powell is framing their separate tactics currently. Note there is no time mentioned for a decision (that I’ve seen). First question of any lawyer is always, who is my client. It is that person/entity to whom all privileges and rights are assigned. In this case, it seems Gleeson is appointed (outside any Constitutional authority or confirmation) to represent the USA. Pardon my cynicism - that dog won’t hunt. I wonder who is paying for Gleeson? If not the DOJ, they can’t be his client. If it is by the Judicial fund, it is an illegal expenditure. Perhaps Gleeson is doing this pro bono? I suspect not.
Gwjack
The case has been dropped, the Judge is exposing General Flynn to double jeopardy. Clearly illegal, (but of course, they don’t care..)