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Judge Sullivan should be recused from the General Flynn case
American Thinker ^ | 05/14/2020 | J. Marsolo

Posted on 05/14/2020 5:29:14 AM PDT by SeekAndFind

Judge Emmet Sullivan, the federal judge on the General Flynn case, should recuse himself because he is not an impartial judge.

During a hearing in December 2018, Sullivan asked the prosecutor if General Flynn could be charged with treason.

This shows an appalling lack of consideration for the meaning of treason, which is the only crime defined by the Constitution:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Not even the Obama FBI/DOJ that entrapped General Flynn considered charging treason.  It is not the role of a judge to ask the prosecutor to charge more than he charged.  A judge is supposed to be neutral.  If a judge does intervene, it should be to protect the rights of the accused.  For example, a judge may appoint new defense counsel if he believes that the existing counsel is ineffective.  A judge is not supposed to act as the prosecutor. 

Given the conduct of the Obama FBI/DOJ, the Department of Justice filed a motion to dismiss the indictment with prejudice.  The motion is clear and sets forth the facts and legal arguments to dismiss.

Since both the prosecutor and the defense counsel agree to the dismissal, the court must sign it unless it believes that the prosecutor is acting in bad faith to re-file charges.  But here the dismissal is with prejudice, which means that it cannot be refiled.


(Excerpt) Read more at americanthinker.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: judgesullivan; michaelflynn
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1 posted on 05/14/2020 5:29:14 AM PDT by SeekAndFind
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To: SeekAndFind

Why don’t we have some system in place that can step in and say, “This trial is not being appropriately handled. Let’s make some changes so that we can be sure the legal system works as intended.”

I’ve never seen such a Show Trial.


2 posted on 05/14/2020 5:33:44 AM PDT by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: SeekAndFind

JUDGE SULLIVAN SHOULD BE REMOVED FROM THE FEDERAL BENCH

...and should have his law license pulled as well.

3 posted on 05/14/2020 5:34:28 AM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
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To: SeekAndFind

The fix was in from the get go. Judge Contreras, Strzok’s BFF, recused himself in lieu of this compliant hack who has less direct connections to the dirty cops. After Contreras recused I’m sure it wasn’t luck of the draw that Sullivan was tapped. Who picked Sullivan?


4 posted on 05/14/2020 5:36:39 AM PDT by hardspunned (MAGA, now more than ever)
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To: SeekAndFind

Leftists loath losing power.


5 posted on 05/14/2020 5:39:15 AM PDT by Bratch (“If liberty means anything at all, it means the right to tell people what they do not want to hear.)
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To: SeekAndFind

What he should do and what he will do are two different things.


6 posted on 05/14/2020 5:40:38 AM PDT by DoodleDawg
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To: SeekAndFind

Recuse himself? Hell, he’s now made himself the prosecutor in addition to being the judge. How do you suppose that will end up? Flynn is screwed.


7 posted on 05/14/2020 5:40:39 AM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: SeekAndFind

Trump should pardon Flynn now, explaining loudly and clearly that he is not waiting for that biased judge to do the defendant any more dirt.


8 posted on 05/14/2020 5:42:42 AM PDT by Socon-Econ (adical Islam,)
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To: SeekAndFind

Dems never refuse themselves. He should be removed from the bench.


9 posted on 05/14/2020 5:44:27 AM PDT by SmokingJoe
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To: ClearCase_guy
Why don’t we have some system in place that can step in and say, “This trial is not being appropriately handled. Let’s make some changes so that we can be sure the legal system works as intended.”

We do. It's called the appeals process and it's meant to make sure that if a judge errs then his decision can be overturned. The problem is that if Sullivan goes ahead with sentencing Flynn then in addition to opening a judicial sh*t-storm it ends the process for Flynn. People who plead guilty generally give up their rights to appeal. It's not impossible to appeal, but it makes it harder.

10 posted on 05/14/2020 5:46:21 AM PDT by DoodleDawg
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To: pepsi_junkie

To: SeekAndFind
Recuse himself? Hell, he’s now made himself the prosecutor in addition to being the judge. How do you suppose that will end up? Flynn is screwed.
——————————
There will be other legal maneuvers that should, and will, be employed by Sydney Powell to try and nullify what is going on with this judge and this case. Bet on it. Also President Trump could end this all with a pardon. However that is doubtless what this political play is all about I.e., get him to pardon to hold this around his neck heading into the election.


11 posted on 05/14/2020 5:50:17 AM PDT by V V Camp Enari 67-68 (Viet Vet)
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To: SeekAndFind

Tar,
Feathers.


12 posted on 05/14/2020 5:51:08 AM PDT by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: SeekAndFind

This borders on judicial misconduct: the judge invading the exclusive province of the prosecutor. Yes, he should absolutely recuse himself or be recused


13 posted on 05/14/2020 5:54:50 AM PDT by jagusafr
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To: Gay State Conservative

He should be impeached.


14 posted on 05/14/2020 5:57:12 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: SeekAndFind

The judge should be disbarred.


15 posted on 05/14/2020 5:57:21 AM PDT by CodeToad (Arm Up! They Have!)
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To: SeekAndFind

Ain’t happening. He is a man on a mission...


16 posted on 05/14/2020 5:57:29 AM PDT by gov_bean_ counter (AOC the bartender would have had to work on the second floor at Miss Kitty’s saloon...)
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To: Socon-Econ

“Trump should pardon Flynn now”

That’s what Judgie and our domestic enemies want.


17 posted on 05/14/2020 5:59:14 AM PDT by treetopsandroofs
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To: SeekAndFind

This is clearly unconstitutional. Prosecution and charging people with crimes is exclusively the province of the Executive branch.


18 posted on 05/14/2020 5:59:37 AM PDT by IamConservative (I was nervous like the third chimp in line for the Ark after the rain started.)
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To: SeekAndFind

Impeachment would work, but we need the house back for that.


19 posted on 05/14/2020 5:59:41 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: pepsi_junkie

Flynn’s lawyer should petition the appeals court to intervene. Flynn’s 14th. Amendment rights are being trampled on here.

Solicit an Amicus brief from people who had absolutely NOTHING do to with the case while rejecting more than 20 who wanted to file on Flynn’s behalf? That screams for intervention.


20 posted on 05/14/2020 5:59:55 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer)
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