Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Flynn judge Emmet Sullivan set to explain why he has not dismissed case
Fox News ^ | June 8, 2020 | Ronn Blitzer

Posted on 06/08/2020 9:28:13 AM PDT by jazusamo

Oral arguments are set to take place this week, when U.S. District Court Judge Emmet Sullivan will have to explain why he has not signed off on the Justice Department’s motion to dismiss its case against former National Security Adviser Michael Flynn.

The hearing marks another extraordinary turn in an extraordinary -- and seemingly interminable -- case that has brought pressure upon both the Justice Department and the judge overseeing it. After calling into question the DOJ’s choice to drop Flynn’s prosecution, Sullivan is now in the position of defending his own decision.

~snip~

Rule 48(a) of the Federal Rules of Criminal Procedure states that prosecutors “may, with leave of court, dismiss an indictment, information, or complaint.” Retired Judge John Gleeson, chosen by Sullivan to file an amicus curiae brief, claimed in a May Washington Post op-ed he co-authored that this means a motion to dismiss “is actually just a request.” As a judge in 2013, however, he wrote that courts are “generally required to grant a prosecutor’s Rule 48(a) motion unless dismissal is ‘clearly contrary to manifest public interest.’”

Trump allies have criticized Sullivan's handling of what was initially thought to be the coda of Flynn's legal saga.

"What I see is the Federal Rules of Criminal Procedure don’t allow for what Judge Sullivan is doing," former Acting Attorney General Matt Whitaker told Fox News in May. Whitaker said that prosecutors are the ones who decide which cases they pursue, and that "there’s really no discretion on the judge based on the current state of the law."

~snip~

In 2009, Judge Sullivan presided over the case of former Sen. Ted Stevens, R-Alaska, who had been found guilty of lying on a Senate ethics form before a whistleblower in the FBI revealed that evidence had been withheld from Stevens.

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


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: anotherimpropriety; blackrobeimpropriety; casedismissal; dcappealscourt; dccircuitcourt; dcdistrictcourt; dirtyjudgesullivan; emmetsullivan; flynn; judgejoinsisis; judgesullivan; judicialimpropriety; michaelflynn; oralarguments; seditousjudge; shameofjudiciary; shameofthejudiciary; sullivan; treasonousjudge
Navigation: use the links below to view more comments.
first 1-2021-4041-49 next last

1 posted on 06/08/2020 9:28:13 AM PDT by jazusamo
[ Post Reply | Private Reply | View Replies]

To: jazusamo

This azzclown should be given a choice: sign off or your azz is going to jail instead.


2 posted on 06/08/2020 9:29:48 AM PDT by lgjhn23 (Libs are a virus.....the DemoVirus!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Easy. Because his handlers told him not to dismiss.


3 posted on 06/08/2020 9:29:50 AM PDT by mad_as_he$$
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Easy. Because his handlers told him not to dismiss.


4 posted on 06/08/2020 9:29:50 AM PDT by mad_as_he$$
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

In 2009, Judge Sullivan presided over the case of former Sen. Ted Stevens, R-Alaska, who had been found guilty of lying on a Senate ethics form before a whistleblower in the FBI revealed that evidence had been withheld from Stevens.

Gee, what a coincidence. Sullivan must be the go-to judge for deep-state kangaroo courts.


5 posted on 06/08/2020 9:33:53 AM PDT by Flick Lives (My work's illegal, but at least it's honest. - Capt. Malcolm Reynolds)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
Nothing more than a STALL TACTIC by Sullivan, aimed at PREVENTING FLYNN FROM SPEAKING PUBLICLY.

Flynn is the Deep State's LAST hanging thread of symbolism of "Trump-Russia collusion" and they can't let that go! Sullivan is running-out-the-clock on the already run-out clock.

6 posted on 06/08/2020 9:34:28 AM PDT by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Wasn’t his ten days up last week?


7 posted on 06/08/2020 9:34:44 AM PDT by Steely Tom ([Seth Rich] == [the Democrats' John Dean])
[ Post Reply | Private Reply | To 1 | View Replies]

To: mad_as_he$$

There’s no way that Obama isn’t behind the scenes pulling Sullivan’s strings.


8 posted on 06/08/2020 9:35:14 AM PDT by surrey
[ Post Reply | Private Reply | To 4 | View Replies]

To: Steely Tom

Yeah. And his argument was stupid, but about 45 pages long.


9 posted on 06/08/2020 9:36:08 AM PDT by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
[ Post Reply | Private Reply | To 7 | View Replies]

To: mad_as_he$$

The ‘Shadow President’ is still giving the orders.


10 posted on 06/08/2020 9:36:28 AM PDT by CMailBag
[ Post Reply | Private Reply | To 4 | View Replies]

To: jazusamo

“unless dismissal is ‘clearly contrary to manifest public interest.’””

That is what he will claim.


11 posted on 06/08/2020 9:36:44 AM PDT by plain talk
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

I think they are threatening him now by DOJ appealing the decision to aquit Raffekian over the FARA charges.


12 posted on 06/08/2020 9:37:35 AM PDT by 31R1O
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
Meanwhile, Lt. General Flynn's sixth amendment right to a speedy trial is being taken further and further away from him while this sidetrack goes on.

-PJ

13 posted on 06/08/2020 9:38:00 AM PDT by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

This review by a higher court is moving at light speed for the courts. Usually everything is set for many weeks later, especially when a defendant is not in custody.

Just pointing this out. Numerous legal eagles have said that the short timeline on this indicates the higher court is taking it very seriously.

The whole thing is very curious to put it mildly. After it is dismissed with prejudice, I hope Flynn will tell us whatever it is that he knows that caused the “gag order.” He is the only one from the Mueller prosecutions that is still under a gag order.


14 posted on 06/08/2020 9:38:37 AM PDT by volunbeer (Find the truth and accept it - anything else is delusional)
[ Post Reply | Private Reply | To 7 | View Replies]

To: 31R1O

https://www.politico.com/news/2020/06/07/criminal-case-rafiekian-flynn-partner-306881


15 posted on 06/08/2020 9:38:40 AM PDT by 31R1O
[ Post Reply | Private Reply | To 12 | View Replies]

To: Steely Tom

He was ordered to (I believe) appear before the circuit court in that ten days and his attorney only submitted the brief in writing.

If that is the case I hope the Circuit Court ripped Sullivan for that and told him in no uncertain terms to appear.


16 posted on 06/08/2020 9:39:59 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: 31R1O

https://news.yahoo.com/doj-claims-flynn-involved-conspiracy-141246427.html


17 posted on 06/08/2020 9:40:16 AM PDT by 31R1O
[ Post Reply | Private Reply | To 15 | View Replies]

To: cuban leaf

I suppose we got our money’s worth. /s


18 posted on 06/08/2020 9:42:08 AM PDT by treetopsandroofs
[ Post Reply | Private Reply | To 9 | View Replies]

Let’s Wrap This FReepathon Up, Folks…Donate Today!

Please bump the Freepathon or click above to donate or become a new monthly donor!

19 posted on 06/08/2020 9:43:33 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

“Oral arguments are set to take place this week, when U.S. District Court Judge Emmet Sullivan will have to explain . . .”

Will the Judge be present to explain, or will his hirelings explain?

I didn’t bother to read the entire article.


20 posted on 06/08/2020 9:43:37 AM PDT by jeffersondem
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-49 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson