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 ...
Ive thought all along that Trump will pardon Flynn after the election, win or lose.
I am sure Sidney Powell knows how to file a writ of mandamus!
Needs to be impeached and removed.
It doesn’t border on misconduct its outright unconstitutional behavior. Now DOJ will have to go to the circuit court and get a writ of mandamus to dismiss the case and reassign it to another judge.
“”Prosecution and charging people with crimes is exclusively the province of the Executive branch.””
Don’t you mean Judicial Branch?
Perhaps Sullivan WANTS to be removed from the case, to give his Democrats another excuse to scream obstruction.
I’d be shocked if there weren’t one already ready to fire if he is sentenced.
DOJ prosecutes federal crimes. Part of Executive Branch. Judicial branch conducts trials and sentences.
Amy Berman Jackson?
Sullivan is going to drag this out until after the election.
I’ve been thinking that our best outcome would be an exoneration rather than a pardon, but Judgie is a real Deep State warrior against America, the worst of all whores.
LOL. Out of the frying pan, into the fire. I don't think there is a clean judge in DC.
And if Powell appeals to SCOTUS, I wonder if Roberts is ready to uncork one of his unpleasant surprises. I can imagine Roberts defending Sullivan. Election year too. Time to cash in some chips?
Appeal would be to DC Circuit, not to SCOTUS.
I doubt this case ever gets presented to SCOTUS, let alone picked up there.
Thats what Judgie and our domestic enemies want.Trump should pardon Flynn now
Exactly. They know perfectly well that Trump can pardon Flynn at any time; they want to force him to pardon in order to prevent Flynn from suing the socks off of the people who have libeled/slandered him.But since the DoJ is now on the same side as Flynn in the proceeding, the DoJ has an interest in preventing Judge Sullivan from appointing his own prosecutor.
Sullivan is assaying to intrude on the DoJs turf.
Not Recused but tried, convicted, and disbarred. Jail term to follow
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