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
See my post #70 citing Ginsberg's opinion last week in 9-0 decision which said that a Judge cannot do that.
Thanks for that input. I was unaware that Gleason had stepped entirely away from his title and power as a Federal Judge Emeritus. If so, OK. However, he still does not have adversarial status as an agent of the Government in the Flynn case. He at most is an Amicus for his own viewpoint, his political opinion, on the Flynn case. Why is he being given this exalted soapbox over others to argue his political philosophy?
The decision issued by the Supreme Court last week that the US DOJ is in a better position to know their case than the supposedly independent judge about the merits of their case, should be the controlling factor here, not some whim of Sullivan’s to bring in outside amicus opinions to help him decide whether or not to continue prosecution.