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

Skip to comments.

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

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last
To: Auntie Mame

I read an article on a website run by a former federal prosecutor regarding the demand that the parties submit briefs regarding the disqualification of Sullivan.

It is his opinion that the Chief Judge of the D.C. Circuit was told to make this case go away. The message likely came from the Supreme Court. My guess is that Roberts made a phone call or had the Clerk make the call on his behalf.


21 posted on 08/08/2020 10:22:31 AM PDT by WASCWatch
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nateman

The fact they are asking the question is to appease the Trump camp critics and TO DELAY THE DAMN THING UNTO OCTOBER.

After delaying justice while hearing arguments about Sullivan’s role, they will deliberate about whether to kick Sullivan off the case, and when they decide to kick him off, they will deliberate for weeks more to replace him.


22 posted on 08/08/2020 10:24:03 AM PDT by Hostage (Article V)
[ Post Reply | Private Reply | To 5 | View Replies]

To: WASCWatch
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.

I don't think that McCarthy is arguing against this. Powell has argued this point, but the Court has seemingly ignored it. McCarthy is suggesting that the Court can continue to ignore it, but get to the same result, removing Sullivan from the case.

23 posted on 08/08/2020 10:25:11 AM PDT by centurion316
[ Post Reply | Private Reply | To 20 | View Replies]

To: \/\/ayne
Yes, why is it that ONLY Judge Sullivan can hear this case?

Because he is the ONLY ONE WE BRIBED in this case!!!
24 posted on 08/08/2020 10:27:06 AM PDT by eyeamok
[ Post Reply | Private Reply | To 3 | View Replies]

To: All

What McCarthy conveniently does is ignore the fact that the same Swamp DoJ / Court Apparatus ignored 50 people, all with the same political affiliation, lying to the FBi.

The Elephant in the room is invisible to McCarthy, who accepts that as part of the “Justice” System.


25 posted on 08/08/2020 10:51:10 AM PDT by AnthonySoprano
[ Post Reply | Private Reply | To 23 | View Replies]

To: AnthonySoprano
FE15-E562-52-A9-4494-A4-F7-72-F329-B8-C3-F5
26 posted on 08/08/2020 10:51:28 AM PDT by AnthonySoprano
[ Post Reply | Private Reply | To 25 | View Replies]

To: Auntie Mame

Yes. Sidney already filed affidavit of bias and prejudice and the stated grounds should suffice to meet the threshold. Judge Sullivan has taken a personal animus in this case, has uttered prejudicial comments about Flynn (Said he’s guilty of Treason and should be executed).


27 posted on 08/08/2020 10:54:00 AM PDT by shalom aleichem (Get movin' Durham!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Raycpa

I love it. So on point. Got him by the nads


28 posted on 08/08/2020 10:56:15 AM PDT by shalom aleichem (Get movin' Durham!)
[ Post Reply | Private Reply | To 7 | View Replies]

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

Oh, he knows, he certainly knows. But, his articles and public appearances are founded in law and how the law will be applied or ignored. That can be very useful when you are trying to understand what the Courts and attorneys are up to.

29 posted on 08/08/2020 11:00:08 AM PDT by centurion316
[ Post Reply | Private Reply | To 8 | View Replies]

To: Auntie Mame

“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.”

This will only bump it to next crooked judge in line. The deepstate will do anything to at least delay the Flynn case from being dismissed. You don’t get these types of judge positions unless they have something on you and control you.


30 posted on 08/08/2020 11:14:24 AM PDT by Revel
[ Post Reply | Private Reply | To 1 | View Replies]

To: Auntie Mame

Powell actually has Sullivan in a catch 22. Either Sullivan has no standing or he must be removed from the case.


31 posted on 08/08/2020 11:14:27 AM PDT by Revolutionary ("Praise the Lord and Pass the Ammunition!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: TruthWillWin

I have heard parts of this before, so the rumors are certainly out there. Is it true? I don’t know, I havent seen any evidence one way or another.


32 posted on 08/08/2020 11:18:04 AM PDT by centurion316
[ Post Reply | Private Reply | To 10 | View Replies]

To: Auntie Mame

Never going to happen: Of the 11 judges sitting en banc, 4 were appointed by Dumbo, three we appointed by BJ Clinton, Two were appointed by anti-Trumper Bushies, and one is a DJ Trump appointee.


33 posted on 08/08/2020 11:27:16 AM PDT by Labyrinthos
[ Post Reply | Private Reply | To 1 | View Replies]

To: AnthonySoprano
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.

Who are the family members? I'd like to look up what they are saying. If you've got any links that would be great. Thank you!

34 posted on 08/08/2020 11:36:53 AM PDT by Auntie Mame (Fear not tomorrow. God is already there.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: TruthWillWin

Thanks. I tend to sway back and forth with @johnheretohelp. Sometimes I think he’s got mental problems, and then others, like with this Judge Sullivan twitter thread, he makes a LOT of sense.


35 posted on 08/08/2020 11:38:25 AM PDT by Auntie Mame (Fear not tomorrow. God is already there.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Ouchthatonehurt

He should be disbarred.


36 posted on 08/08/2020 12:12:59 PM PDT by Don Corleone (The truth the whole truth and nothing but the truth)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Don Corleone
He should be disbarred

He can only be removed from the bench by impeachment.

37 posted on 08/08/2020 12:31:06 PM PDT by centurion316
[ Post Reply | Private Reply | To 36 | View Replies]

To: Auntie Mame

I’m not a lawyer but here’s my take on this. Whether or not Judge Sullivan should have recused himself from the case, or be disqualified from the case is irrelevant to the appeal of the writ of mandamus. The writ of mandamus was an order to the lower court to dismiss the case. I think that the appeals court is going to rule that the extraordinary relief of the writ of mandamus is unwarranted when a lesser remedy is available, that remedy being the recusal or disqualification of Judge Sullivan. I suspect that the appeals court will overturn the writ of mandamus and send the case back to Judge Sullivans court with instructions for the defense to file a motion for one of the lesser remedies. They’re just playing games to keep this tied up in court longer.


38 posted on 08/08/2020 12:31:39 PM PDT by radmanptn
[ Post Reply | Private Reply | To 1 | View Replies]

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

Exactly.

He is unwilling to grasp the central fact of our time: Those who have been ruling us have been working for a century to undermine the rule of law and the Constitution.

It is part and parcel of the DNA of Progressive ideology.

39 posted on 08/08/2020 12:55:16 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: radmanptn

The other remedy was for the DOJ to withdraw the complaint, which it did.

Asking for relief though an extraordinary writ is only because Sullivan refused to sign an order dismissing the case as agreed to by the DOJ and Flynn; and as directed by the three-judge panel.


40 posted on 08/08/2020 2:22:18 PM PDT by WASCWatch
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 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