The case further held:
The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive's charging authority embraces decisions about whether to initiate charges, whom to prosecute, which charges to bring, and whether to dismiss charges once brought. It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences.
Amen!
Victory!
So potentially, Emmett (The Klown) Sullivan’s decision is NOT Final???
WooHoo!!!
Chief Justice Ginsberg just issued an order on exactly this topic.
In particular Ginisberg made clear that as the neutral party the judge cannot take an interest in or prosecuted case that the DOJ will not prosecute.
On May 7 2020 AJ Ginsburg writing for the court in a 9-0 decision in UNITED STATES v. SINENENG-SMITH reversing the 9th circus stated
Instead of adjudicating the case presented by the parties, however, the court named three amici and invited them to brief and argue issues framed by the panel, including a question never raised by Sineneng-Smith: Whether the statute is overbroad under the First Amendment. ....
The Nation’s adversarial adjudication system follows the principle of party presentation. Greenlaw v. United States, 554 U. S. 237, 243. “In both civil and criminal cases, . . . we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.” Id., at 243
Even more damning in this case is what Ginsburg wrote in the cited Greenlaw case where she said:
“[o]ur adversary system is designed around the premise that the parties know what is best for them, and are responsible for advancing the facts and arguments entitling them to relief.” (Scalia, J., concurring in part and concurring in judgment). As cogently explained:
“[Courts] do not, or should not, sally forth each day looking for wrongs to right. We wait for cases to come to us, and when they do we normally decide only questions presented by the parties.Counsel almost always know a great deal more about their cases than we do, and this must be particularly true of counsel for the United States, the richest, most powerful, and best represented litigant to appear before us.
And Ginsburg continues in Greenlaw: This Court has recognized that “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.” United States v. Nixon, 418 U. S. 683, 693 (1974)
So holdeth Ginsburg and her colleagues.
In this case, the United States has withdrawn from prosecution and sought to dismiss.
Judge Sullivan cannot continue a prosecution in place of the DOJ.
Last week the Supreme Court ruled unanimously against this type amicus brief.
Can Emmett (The Klown) Sullivan be charged with obstruction of justice???
Ping!
Thanks, 11th_VA. Hopefully, someone has sent this to the inestimable bribed Judge Sullivan. He cannot do what he is doing, even a little bit. He should be apprised of this, and the consequences for his continuing on the bench.
Andrew Weissman will be getting a criminal referral from the House Permanent Select Committee on Intelligence, and probably won from the Senate Judiciary Committee.
Not to mention, someone on the said Senate Committee can propose Impeachment of Judge Sullivan. Make it public.
A long time friend was chief investigator (high up in US Customs) in the bribery prosecution of Fed. Judge Alcee Hastings (now many years a crooked Congressman). Hastings was impeached and convicted in the Senate, and removed from the bench. The threat should be enough in the case of Sullivan. The man is obviously being paid, and/or threatened by the clintons/obamaumao cabal.
+10000! Bravo Zulu!!
Sol Wisenberg, former prosecutor, mentioned this case, on Laura Ingraham’s show, tonight, as well.
https://video.foxnews.com/v/6156491196001
Doesn’t matter. The judge is out of control. Emergency relief should be sought from SCOTUS
Sullivan may be accepting amicus briefs to delay final judgment until after Nov. 3.
Sullivan seems to have no clue as to what the role of a judge is. He should be impeached for being evil and/or stupid.
If you have two parties in a dispute, and during the trial they come to an agreement that resolves the dispute, or if the plaintiff withdraws the complaint - that’s it. The judge has no more role to play.
Judge Sullivan just got fokked over.
Sullivan is not arguing dropping the charges, Sullivan is arguing that Flynn committed perjury when he gave his plea. As bizarre as it seems, Sullivan et al are saying eventhough Flynn was extorted into pleading guilty because they threatened his son, Flynn committed perjury in the court because he falsely said he was guilty. These people are truly Satan’s ministers.
I would also add this is why Obama mentioned perjury — O is behind this.
bttt
Sullivan can’t stop the inevitable, and he knows it. His goal is to extend the case as long as he possibly can. Notice you haven’t seen Flynn speak in public or to the press yet? He really can’t until the case has been officially dismissed. When he is free to speak his mind, he will destroy any Deep State narrative about the legitimacy of the Obama admin spying and unmasking on him. That will also rally more public support to his/Trump side and away from the DS/dems. That is what Sullivan’s delays are all about.
Judges are judges and should resign when they can no longer act as judges. Sullivan is now part of the trial, showing his bias against General Flynn and against the federal prosecutors. Time for a new judge.