Ginsberg wrote the unanimous opinion in a case that does NOT directly address what Sullivan is doing in this specific case, but it is certainly applicable in general to what he is doing. However, the problem in this case (and others) goes beyond the “law.”
I am outraged by what happened to and continues to happen to General Flynn, but this case might be a blessing in disguise. Chief Justice Roberts told the world there were no politics in the Federal courts.
This case, among many other examples of judicial activism, is revealing the fallacy of his statement against Trump in a very big way.
Flynn is going to walk. We are going to find out much more in hindsight about how dirty this whole game was and clearly see the Judge’s role in carrying it out with absolute bias.
District court judges very rarely behaved this way in the past because the appellate courts or SCOTUS would slap them down and they did not want to wear the shame. It is pretty obvious that these judges no longer fear any consequences for biased and politicized decisions that are not rooted in either the law or precedent.
They are in effect, shameless. They are not held accountable. This is why district court judges in Hawaii or California can issue rulings against Presidential authority that are binding on the entire nation.
Our courts are tragically politicized despite the illusion that Chief Justice Roberts wants us to believe and it must be addressed or we will continue down the road to a Banana Republic (if we are not already there).
The Supreme Court case from two weeks ago is 100% inapplicable to the Flynn matter.
One of the things which immediately revealed what a terrible lawyer Powell is, was her citation to the Steven’s case, which was also 100% inapplicable to the Flynn case. Her citation to Stevens (which she continues to do) is the sort of thing laymen and incompetent lawyers do.