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Should Judge Sullivan Be Disqualified from Flynn Case? An Appeals Court Is Asking
National Review ^ | August 8, 2020 | Andrew C. McCarthy

Posted on 08/08/2020 9:14:06 AM PDT by Auntie Mame

Maybe Judge Luttig was right all along.

I had the misgivings you’d expect back in late May, when I disagreed with J. Michael Luttig, the stellar scholar and former federal appeals court judge, regarding how the D.C. Circuit Court of Appeals should handle the Flynn case.

At the time, that court’s three-judge panel had not yet heard oral argument on Michael Flynn’s mandamus petition — i.e., Flynn’s request that the panel find that federal district judge Emmet Sullivan was acting lawlessly. Sullivan had not only failed to grant the Justice Department’s motion to dismiss the criminal case against Flynn; he had appointed a former federal judge (the overtly anti-Trump John Gleeson) to posit the argument abandoned by DOJ — to wit, that Flynn should proceed to sentencing because he had pled guilty to a false-statements charge, waiving his right to contest the case any further in exchange for the government’s agreement not to file any other charges. Basically, Flynn was asking the appellate court to order Judge Sullivan to dismiss the case. ...

In a Washington Post op-ed, Luttig contended that “there are ample grounds in the actions the district court has already taken for the appeals court to order that the government’s motion to dismiss be heard by a different judge, and it should so order.”

It is interesting to revisit this assessment in light of an order issued by the D.C. Circuit on Wednesday. The Circuit directed that the participants ... including Judge Sullivan himself, must address the question of whether Sullivan should either recuse himself or be disqualified by the Circuit. Arguments in the case will be heard this coming Tuesday, August 11, in a rare en banc review by the full Circuit ...

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


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: andrewcmccarthy; clownbammyjudge; dccircuit; dcdistrict; dirtiestjudgeever; dirtyemmet; dirtyjudgesullivan; emmetsullivan; enbanc; eviljudgesullivan; flynn; jessebinnall; jmichaelluttig; johngleeson; judiciary; michaelflynn; mikeflynn; nationalreview; obamajudge; obamastooge; politicaljudiciary; rapinbilljudge; resistancejudge; scumjudge; seditiousblackrobe; seditiousjudge; sidneypowell; sullivan; tedstevens; writofhempamus
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This is an excellent article if you're interested in the Gen. Flynn saga.
1 posted on 08/08/2020 9:14:06 AM PDT by Auntie Mame
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To: Auntie Mame

The moment he hired a lawyer he should have been asked to recuse IMO.


2 posted on 08/08/2020 9:15:57 AM PDT by Ouchthatonehurt
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To: Auntie Mame

Yes, why is it that ONLY Judge Sullivan can hear this case?


3 posted on 08/08/2020 9:19:42 AM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper)
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To: Auntie Mame

0b0z0 is pulling Sullivan’s little black strings


4 posted on 08/08/2020 9:19:52 AM PDT by martin_fierro (< |:)~)
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To: Auntie Mame

The full court should have declared Sullivan had no standing to appeal and gone with the previous Appeal ruling. Of course that did not happen because Obama packed the Court with his lawless stooges.


5 posted on 08/08/2020 9:26:20 AM PDT by Nateman
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To: Auntie Mame
McCarhty is a cuck and while he tries to appear even handed he is an undercover never Trumper.

I wouldn't urinate in his butt if his guts were on fire. Let him burn.

6 posted on 08/08/2020 9:26:33 AM PDT by USS Alaska
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To: Auntie Mame

Snip____

The Circuit instructs counsel for Flynn, the Justice Department, and Judge Sullivan to consider the effect of Congress’s disqualification statute (Section 455 of Title 28, U.S. Code). Specifically, the participants in the mandamus dispute are told to address the law’s mandate that a judge be disqualified “in any proceeding in which his impartiality might reasonably be questioned,” particularly if the judge “is a party to the proceeding.”


7 posted on 08/08/2020 9:33:21 AM PDT by Raycpa
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To: Auntie Mame

The writer knows the law but doesn’t seem to understand that liberal judges are there to subvert the law, not follow it.


8 posted on 08/08/2020 9:33:36 AM PDT by SaxxonWoods (Prediction: G. Maxwell will surprise everyone by not dying anytime soon.)
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To: Auntie Mame

Charge Sullivan with obstruction of justice, reassign the case to another judge for his immediate dismissal of said case. Simple.


9 posted on 08/08/2020 9:33:57 AM PDT by lakecumberlandvet (Appeasement never works.)
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To: Auntie Mame
Information on Judge Sullivan from a DOJ insider whistleblower:

https://threadreaderapp.com/thread/1261480070683688967.html

"Besides the money laundering and the insurance fraud for yourself and your friends. Should we talk about the cases that you have corrupted for money or favors? I've compiled quite a list......"

10 posted on 08/08/2020 9:35:44 AM PDT by TruthWillWin
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To: Auntie Mame

“Should Judge Sullivan Be Disqualified from Flynn Case? “

He should be dismembered.


11 posted on 08/08/2020 9:37:26 AM PDT by Bonemaker (invictus maneo)
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To: USS Alaska
McCarhty is a cuck

How dare you! He is a principled conservative! I shall smite you with his powered wig if you remain insolent.

12 posted on 08/08/2020 9:41:33 AM PDT by JonPreston (Covid19 is communist Chinese bioweapon)
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To: Auntie Mame

It is. Not much new info in there and I agree with where he believes it’ll end up.


13 posted on 08/08/2020 9:49:12 AM PDT by moehoward
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To: Auntie Mame

Bookmark


14 posted on 08/08/2020 9:50:23 AM PDT by Irish Eyes
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To: Auntie Mame


Not so sure what they're worried about?

obamaGate?
ukraineGate?
hunterbidenGate?
chinaGate? sorosGate?

laptopGate? *whew* sorry, too many to list.










Good to see you, Sir, standing by!

WRWY



15 posted on 08/08/2020 9:51:19 AM PDT by foldspace (Hillary is still not a >convicted< criminal...)
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To: TruthWillWin; All

Bump for all to read


16 posted on 08/08/2020 10:03:12 AM PDT by silverleaf (Great Things Never Come from Comfort Zones)
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To: Auntie Mame

General Flynn’s plea of guilty is very similar to what the left imagines to be Floyd George claiming he cannot breath. And yet, once the DOJ removes their knee, Sullivan steps up to press Flynn’s head back to the concrete!

Put in those terms, Sullivan should be brought up on charges.

How can the press not see this?!


17 posted on 08/08/2020 10:11:00 AM PDT by the_Watchman
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To: All


The author doesn’t have the guts to say that entire Judge’s family is on-line smearing Flynn and propagating every wild, fake rumor about Trump that exists.

We need no proof that Police actions are based on race. That same standard condemns Sullivan as a virulent Racist.

Racist Judge Sullivan.


18 posted on 08/08/2020 10:11:35 AM PDT by AnthonySoprano
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To: Auntie Mame
This is an excellent article if you're interested in the Gen. Flynn saga.

I agree, it is a brilliant analysis and perfectly explains what is happening. I remind everyone that I predicted on this forum that the Court would deny an en banc hearing, so I have been wrong on this at least once. But this analysis now makes sense out of what has been a clown show.

Sydney Powell has been at least three moves ahead on all of this, she has already argued that Sullivan should be replaced and taken off the case, and she has argued that Sullivan has no standing to do anything but to dismiss and he cannot be a party to the dispute.

This theory suggests that the full Court understands this as well and Andrew McCarthy's prediction is the way that they can fix it. As always the optomist, I believe that that is what is going to happen after the en banc hearing.

19 posted on 08/08/2020 10:12:48 AM PDT by centurion316
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To: Auntie Mame

McCarthy is wrong on several points. The most important one is that when the government drops a case because they have proof the defendant is actually innocent, there is no justice in proceeding with the case. To do so would be a clear violation of Flynn’s due substantive due process rights.

Another big factor in Sullivan’s refusal to dismiss the case is that when Flynn files his civil rights case, he will have the right to depose Sullivan, the previous prosecutors, and his previous attorneys. Discovery will get very nasty because it is very likely those individuals conspired to convict Flynn.

While Sullivan may not be subject to civil liability, judges are definitely subject to being deposed in a civil action. I assume he wants to avoid that at all costs.


20 posted on 08/08/2020 10:13:55 AM PDT by WASCWatch
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