Skip to comments.Judge Sullivan says he is not required to ‘rubber stamp’ DOJ’s bid to dismiss Flynn case
Posted on 06/01/2020 2:47:35 PM PDT by Libloather
Judge Emmet G. Sullivan should not be required to act as a mere rubber stamp for the governments unusual move to undo the guilty plea of President Trumps former national security adviser Michael Flynn, the judges lawyers told a federal appeals court in Washington on Monday.
Sullivans attorneys asked the appeals court to stay on the sidelines to give the judge an opportunity to ensure the integrity of the judicial process and to rule on the Justice Departments request to dismiss Flynns case.
The judge must evaluate Flynns dramatically different claims, Sullivans lawyer Beth Wilkinson told the court: What, if anything, should Judge Sullivan do about Mr. Flynns sworn statements to the court, where he repeatedly admitted to the crime and to the voluntariness of his guilty plea, only to now claim that he never lied to the government and was pressured and misled into pleading guilty?
The filing from Sullivan, defending his investigation into the Justice Departments reversal, is the latest development in the extraordinary case. It comes after Flynns lawyers asked the U.S. Court of Appeals for the D.C. Circuit to immediately order Sullivan to get rid of the matter and accused him of bias.
The Justice Department joined Flynn in a separate filing Monday urging the appeals court to quickly bring the case to a close. The executive branch, not the judiciary, has the power to decide when - and when not - to prosecute potential crimes and Sullivan cannot independently initiate criminal charges.
(Excerpt) Read more at washingtonpost.com ...
Another Deep State middle finger. Delay, delay, delay. And it’s working.
Yes he does!!
Criminal judges. We do not live in a just society, that is certain.
And S Powell once signed a book copy and praised Judge Sullivan. The judge included that in his filing. I thought his lawyer did a good job but that idiotic reference could make the appellate court view the judge as simply petty and angry.
Is he arguing that judges are also prosecutors? What jurisdiction would he level his charges from since the Federal Government has dropped the case? Is his courtroom a jurisdiction?
Another Deep State middle finger. Delay, delay, delay. And its working.
There is no fear of oversight here. Nobody on President Trump’s flanks. The GOP publicly broadcast threats in 2016 against POTUS not to fire Sessions or Mueller. He’s rolling solo and the coupists have acted accordingly the past 3 1/2 years.
General Flynn Oughta just start talking.
The executive branch, not the judiciary, has the power to decide when - and when not - to prosecute potential crimes and Sullivan cannot independently initiate criminal charges.
He’s making up rules as he goes...who’s gonna stop him?
I hope that these jerks are being well paid to write nonsense briefs like this one. The Judge cannot usurp the powers of the Executive which is exactly what he is doing. He may only take action IAW Rule 48, if he must do so to protect the defendant against improper actions by the government. In this case, he is attempting to do the opposite and he cannot be allowed to proceed.
Does this clueless corrupt judge really intend to prosecute LTG Flynn for illegally representing the Government of Turkey, an offense for which he was never charged? The brief suggests that he will do this. Crazy.
Now we know why Madison in Federalist 47 called this sort of thing tyranny.
Sickening is what it it.
Not much longer. I don’t expect this to go another week.
The Circuit Court will replace him
Actually...he kinda is.
Somebody should tell judgy Em that he was appointed arbiter, not Chancellor. You call balls and strikes, not pitch, catch, run and bat.
So the Judge is pounding away at the table.
Judge Sullivan has gone full Stalin — “You showed me the man. I need more time to show you the crime.”
“Judge Emmet G. Sullivan should not be required to act as a mere rubber stamp for the governments”
That is NOT the legal point and Sullivan knows it.
The point is he is duty bound to consider without prejudice the merits of the DOJ’s request to have the charges dismissed, in as much as they amount to the prosecution serving notice it no longer thinks justice is served by anything else.
The request for dismissal is being termed “unusual”, however it is not legally in error simply because it does not occur often, and their are case precedents to back up the DOJ’s request.
Instead Sullivan is acting as if he is duty bound to deny the request for dismissal, as if it were legally wrong for DOJ to even request it, which is wrong.
As some here have postulated, maybe Sullivan is doing all these things just to delay, delaying Flynn’s ability to come out from under the case and speak openly and freely of many things he knows about the Deep State and why they were after him.
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