Posted on 06/01/2020 3:44:33 PM PDT by Libloather
WASHINGTON - The Justice Department’s conduct in abruptly deciding to end the case against President Trump’s former national security adviser Michael T. Flynn was so unusual that it raised a “plausible question” about the legitimacy of the move, a lawyer for the trial judge overseeing that case told a federal appeals court on Monday.
In a 36-page filing, the lawyer for Judge Emmet G. Sullivan of the United States District Court for the District of Columbia asked a three-judge panel not to cut short his review of the factual and legal issues surrounding the case. A defense lawyer for Mr. Flynn had asked the appellate panel to issue a so-called writ of mandamus ordering the judge to immediately dismiss it without letting him complete an assessment.
“The question before this court is whether it should short-circuit this process, forbid even a limited inquiry into the government’s motion and order that motion granted,” wrote the lawyer, Beth Wilkinson. “The answer is no. Mandamus is an extraordinary remedy that should be denied where the district court has not actually decided anything.”
But the Trump administration, in its own brief, urged the appeals court to shut down the case without any further review. Decisions about whether to prosecute or drop a case are for the Justice Department, and Judge Sullivan has “no authority” to reject the executive branch’s decision in the matter, the government argued.
(Excerpt) Read more at nytimes.com ...
Or maybe he’s scared crosseyed. Did he accept some form of payment to look the other way while the FBI, et al railroaded Gen. Flynn? And once AG Barr uncovered the railroad tracks and ordered that the plug be pulled on the filthy corruption, does Sullivan feel obligated to FORCE action against Flynn anyhow. Reminds me of Ralph Bellamy and Don Ameche (the Duke Bros.) in TRADING PLACES after their NYSE scheme collapsed; “Turn those machines back on! Get those traders back in here!” Sorry, judge. Game over!
One of our FAVS!!
I hope the court holds Judge Sullivan in contempt of the court order he is under. Maybe some jail time would allow him to devote time to responding to their order on explaining what is going on.
If General Flynn is completely exonerated, the entire Russia hoax falls apart. The left knows this. The media knows this. When Obama‘s phone call regarding the justice department dropping the case against General Flynn was “leaked“ to the media, I believe it was actually instructions from Obama to Judge Sullivan on what to do.
Had to be if he's trying to beat a dead horse to the finish line without even reviewing the crimes committed by the FBI/DOJ and the Mueller team. Crimes that were committed in his own courtroom when the prosecution hid exculpatory evidence. He seems to be okay with that. The bastard should have been released from the case when he violently attacked General Flynn in the courtroom. He showed his true colors. Didn't even know, or even bother to find out the facts before he called Flynn a traitor. Someone as ignorant as that shouldn't be sitting on a Federal Court bench.
“Short Circuit” is not a response based on law..
Where are the law’s and statutes the hack Judge
uses to support his response? There are none.
He uses his opinions. Opinions are not law.
He should be removed from the bench for this
circus he has created.
That will never happen.Sullivan is a protected minority plus an Affirmative Action. He is not a real Judge.
Contrary to Beth Wilkinson’s argument, this situation is the exact reason for the granting the petition for a writ of mandamus. There is no lawful reason to deny it.
When a judge ignores a ministerial duty and refuses to perform it, the Appellate has no option but to grant it. A ministerial duty is one in which the law requires a certain action for which there is zero room for discretion.
Time to send in Durham to ask the good judge if he has been in contact with anyone outside of his hierarchy regarding the Flynn case. Perhaps to the judge will think twice before lying to a federal prosecutor.
Judge Sullivan asked for nothing. His attorneys spewed forth some garbage.
“was so unusual that it raised a “plausible question” about the legitimacy of the move”
in other words,
Sullivan views the current Justice Department as illegitimate.
For him the Obama Justice Department remains the legitimate Justice Department.
Someone needs to tell him there is no case...He has nothing to review...He put off sentencing numerous times...No doubt he's kicking himself in the rear end for that...
What is he going to do if the other court refuses the use of the Amicus briefs?
Sullivan’s response to the higher court actually says that.
When Sullivan raises the specter of the legitimacy of the DOJ dropping charges (i.e. Trump made them) what he’s really saying is that he wants to expand his persecution of Flynn and put the President on trial for abuse of power.
Not sure I understand the question. If the Court of Appeals orders him not to accept amicus briefs, he won't accept them.
Which court order is that?
Which court order is that?
The case law however, including cases that are binding on Judge Sullivan's court, don't allow him to do much other than dismiss the case. His role should be extremely limited in the current situation.
“Leave of the court” is specifically limited to protecting the defendant.
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