SC Attorney General Alan Wilson has filed a brief in the dismissed case against Gen. Michael Flynn.

The US Department of Justice has dismissed charges against the former national security adviser.

Federal Judge Emmett Sullivan is trying to reopen the charges and requested “friend of the court” briefs “to present arguments in opposition to the government’s motion to dismiss.”

“The important point in this case,” Wilson said, “is about upholding the Constitutional separation of powers.

“The legislative branch makes the laws, the executive branch executes the laws, and the judicial branch interprets the laws or decides any disputes.

“The courts don’t have the power to decide who is and is not prosecuted. That’s up to the executive branch.”

The brief filed by Wilson and 14 other state attorneys general argues that the Constitution gives executive power to the President.

“That power includes the power to prosecute. But, just as important, it includes the power not to prosecute.”

The attorneys general said Judge Sullivan may not order any prosecution and cannot require a case that’s been dismissed to continue.