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Judge (Sullivan) Asks Court Not to ‘Short Circuit’ His Review of Flynn Case
NY Times ^ | 6/01/20 | Charlie Savage

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 ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: article3impropriety; charliesavage; corruptjudge; court; dccircuit; dcdistrict; dirtyjudgesullivan; emmetsullivan; flynn; impropriety; judge; judiciary; michaelflynn; mikeflynn; newyork; newyorkcity; newyorkslimes; newyorktimes; politicaljudiciary; rapinbilljudge; seditiousjsullivan; sullivan
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To: Lurking Libertarian

Page 13 and 14 per your statement government response

https://tinyurl.com/ybuqg2fs


41 posted on 06/01/2020 5:24:48 PM PDT by Scram1
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To: Lurking Libertarian

So if Sullivan doesn’t give them permission to drop the case, what can he do?

How can he force the DOJ to prosecute the case?

Can he, in essence, prosecute it himself, by just declaring Flynn guilty and sentencing him?


42 posted on 06/01/2020 6:02:59 PM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: Gay State Conservative
.he’ll be the first Federal judge to serve both as judge and prosecutor.

Don't ignore Judge Parker.

43 posted on 06/01/2020 6:10:29 PM PDT by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
Thanks Libloather.

44 posted on 06/01/2020 6:13:13 PM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: AndyJackson

Yep. Sullivan his behind a rich white woman to try to protect himself.
Too ignorant to write his own response based on law.


45 posted on 06/01/2020 6:17:27 PM PDT by tennmountainman (The Liberals Are Baby Killers)
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To: BOBWADE

BARRY SORTORO - JOHN ROBERTS - THE RULE OF LAW IS BREAKING DOWN IN TOO MANY WAYS IN AMERICA! - CIVIL WAR II


46 posted on 06/01/2020 8:11:14 PM PDT by ldish (2020 Election will determind if USA remains a Consitutional Republic!)
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To: Libloather

Sullivan should be put in a straitjacket at once. He is insane.


47 posted on 06/01/2020 8:19:27 PM PDT by SmokingJoe
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To: chaosagent
"Can he, in essence, prosecute it himself, by just declaring Flynn guilty and sentencing him?"

Evidently the DOJ railroaded Flynn and got him to plead guilty through coercion by threatening to prosecute Flynn's son.

Then Flynn, under penalty of perjury, made statements admitting his guilt. Sullivan could consider contempt of court or refer him to DOJ for perjury charges. The latter won't work but the former might.

The real question might be "what will Sullivan do about the DOJ misconduct?" The appeals court might order a new trial for Flynn, followed almost instantly by the DOJ dismissing charges before a different judge.

48 posted on 06/01/2020 11:03:04 PM PDT by William Tell
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To: Libloather

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,


It would, except that it is well-explained in the filing documents the DoJ submitted to the Judge.


49 posted on 06/02/2020 5:32:14 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Lurking Libertarian

So Sullivan’s permission is required to drop the charges. His grounds for refusing permission, if he does, may be reviewed on appeal, but the rule certainly gives him some kind of role.


That’s always been taken as perfunctory - a requirement that the judge has to be officially informed, and administratively processed. His role is to sign off that he’s been notified, and process the paperwork necessary to close the case.


50 posted on 06/02/2020 5:35:29 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Libloather

The judge has no argument that’s why the DC circuit court demanded an explanation from him.


51 posted on 06/02/2020 7:46:34 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight neiyour way back to the rifle you should never have dropped)
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To: William Tell

I understand how Flynn got there.

So if a person pleads guilty because of a gun held to his head, literally or figuratively, and then he is later found to be innocent of the charges, he can be prosecuted for perjury because he pled guilty initially?


52 posted on 06/02/2020 10:56:55 AM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: Lurking Libertarian

Prior decisions have restricted the “leave of the court” to preventing the prosecution from charging, dismissing, recharging, etc. The dismissal sought is with prejudice - meaning Flynn cannot be recharged - and was motioned for due to prosecutorial malfeasance as identified by the DOJ’s independent reviewer.

Sullivan’s role is to protect the defendant from further abuse. He has no reason and no leeway on this matter.


53 posted on 06/02/2020 11:04:25 AM PDT by MortMan (Shouldn't "palindrome" read the same forward and backward?)
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To: chaosagent
I believe that Flynn was entitled to plead nolo contendere which means that he does not intend to contest the charge but also is not admitting guilt. I’d be pretty confident that the prosecutors wouldn’t permit that but instead insisted on the guilty plea, knowing that they had coerced that plea.

This behavior ought to result in prison for the prosecutors. They basically suborned perjury through coercion.

54 posted on 06/02/2020 11:48:08 AM PDT by William Tell
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To: Libloather
The Justice Department’s conduct in abruptly deciding to end the case against President Trump’s former national security adviser Michael T. Flynn

Abruptly? As though all of those documents that have been getting released and the information contained therein did not occur?

55 posted on 06/02/2020 2:32:28 PM PDT by Republican Wildcat
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