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

Skip to comments.

Judge Emmet Sullivan Issues Order Requesting “Friend of The Court Briefs” Before Flynn Ruling ... (Outrageous)
The Last Refuge ^ | May 12, 2020 | Sundance

Posted on 05/12/2020 4:59:56 PM PDT by Hostage

Now the purpose of the leaked conference call, aka instructions, from former President Barack Obama come into play. In a very unusual move today Michael Flynn’s judge, Emmet Sullivan, enters an order granting outside parties the time to enter amicus briefs (friend of the court) to assist in guiding the court; a briefing schedule to follow.

It looks like the judge wants to give former DOJ employees (2,000 signatures on letter) an opportunity to publicly undermine and undercut the position of the DOJ in moving to dismiss the charges. Infuriating, remarkable and transparently political.

Judge Sullivan even cited famously political Judge Amy Berman Jackson, a subtle hat/tip to President Obama’s recent May 8th instructions. Sullivan’s order can put to rest any contemplation of him holding corrupt prosecutor Brandon Van Grack to account; and only further delays removing the sword of damocles from atop Lt. General Michael Flynn.

The transparent purpose of allowing public comment, specifically from the Lawfare resistance group, is to undermine the DOJ and further create a political narrative around AG Bill Barr. However, on the positive side this might stir Barr to release even more damaging information to counter the political efforts of Judge Sullivan. Quite remarkable.

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


TOPICS: Extended News; Government; News/Current Events
KEYWORDS: 20200508; 20200512; amicusbriefs; amybermanjackson; dcdistrict; dirtyjudgesullivan; emmetsullivan; emmettsullivan; flynn; johngleeson; judiciary; michaelflynn; mikeflynn; obamagate; obamascandals; politicaljudiciary; rapinbilljudge
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-88 next last
To: semimojo
"The case has been adjudicated. "

Do you think then that the judge lacks authority to declare a mistrial? Does he lack authority to allow a withdrawal of the guilty plea? Must the judge fail to take notice of any prosecutorial misconduct?

Suppose that a defendant had pleaded guilty to murder and the prosecution discovered that witnesses lied and that uncontestable proof existed that the defendant was innocent. Would the judge be unable to grant a prosecution's motion to dismiss?

What do you think the legal consequences are when an appeals court remands a case to a lower court? Isn't that an order to treat the case as if it has not been fully adjudicated? Do you think the judge lacks authority to do that which a higher court might order him to do?

I vaguely recall a case where a woman was convicted of killing her child with anti-freeze. I don't recall that an appeals court was involved. Instead, lawyers working for the defendant made a presentation to the prosecution team. Convinced of the innocence of the woman, I believe that the prosecution team petitioned the original court to set aside its conviction and free the woman.

41 posted on 05/12/2020 5:57:10 PM PDT by William Tell
[ Post Reply | Private Reply | To 30 | View Replies]

To: William Tell

They could dile an Interlockatory Appeal. It wouls still take some time but would stop any other actions. until it is resolved. I can’t believe that a Federal court is letting non involved people comment on a citzens case. They have no standing. This is more $hit for Fkynn’s lawsuits.


42 posted on 05/12/2020 6:00:07 PM PDT by DrDude (The War in ON!)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Hostage

Who’s putting the judge up to this?


43 posted on 05/12/2020 6:11:52 PM PDT by FrdmLvr (They never thought she would lose)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage

Sullivan is compromised.


44 posted on 05/12/2020 6:12:20 PM PDT by Fido969 (In!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
This looks unprecedented, and is obviously a blatantly partisan act. Sullivan is unfit for the bench, always has been, always will be.

45 posted on 05/12/2020 6:16:33 PM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
[ Post Reply | Private Reply | View Replies]

To: DrDude
"They have no standing. "

My recollection is that parties who wish to file amici briefs must first petition the court for permission to do so. The petition probably includes some description of how the filing party is affected by the pending decision. I've certainly never heard of such a filing in a criminal case.

I think what the judge is missing is that the amici can have no effect on his ruling. Neither the judge nor any amici are parties to this controversy. If the judge has the power to dismiss, then I think he must do so. I don't think the judge would be justified in ordering a prosecutor to knowingly prosecute a defendant whom the prosecutor believes is innocent.

In this case the prosecutor is claiming that no crime was committed. The fact that some amici claims otherwise is simply not relevant. Prosecutors decline to prosecute cases virtually every day. I doubt that judges concern themselves with that.

46 posted on 05/12/2020 6:21:25 PM PDT by William Tell
[ Post Reply | Private Reply | To 42 | View Replies]

To: AndyJackson
Nope. Sullivan still holds jurisdiction.

Near as I can tell the DOJ considers adjudication and sentencing to be separate phases.

No matter, Sineneng-Smith clearly isn't on point.

47 posted on 05/12/2020 6:31:57 PM PDT by semimojo
[ Post Reply | Private Reply | To 31 | View Replies]

To: semimojo

Easier to get a plea changed before sentencing.


48 posted on 05/12/2020 6:32:22 PM PDT by Fido969 (In!)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Hostage

Once Flyn pled guilty and tthe coourt accepted the plea, the trial is over. Flynn then reconsidered and affirmed his guilty plea.
................
The judge can impose sentence any time he wants, or allow the plea to be withdrawn and dismiss the case, or declare a mistrial.
...........
Of course, appeals can be made. Asking for Friend of the Court briefs, if he intends to sentence, is often done.
...............
Having an independent judiciary means that judges can do what they damn well please once the trial is over.


49 posted on 05/12/2020 6:33:06 PM PDT by gandalftb
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage

This had to be expected by Barr. Does this mean he will lay all the evidence out immediately for everyone to see?

He had to expect this.


50 posted on 05/12/2020 6:34:54 PM PDT by greenishness
[ Post Reply | Private Reply | To 1 | View Replies]

To: semimojo

It is very much on point. And the case has not been adjudicated. There is no final judgment that can be appealed.


51 posted on 05/12/2020 6:36:17 PM PDT by AndyJackson
[ Post Reply | Private Reply | To 47 | View Replies]

To: William Tell
Do you think then that the judge lacks authority to declare a mistrial? Does he lack authority to allow a withdrawal of the guilty plea?

No, I think Sullivan has broad powers here.

The post I was replying to implied that he couldn't legitimately solicit outside briefs and I think that legally he can.

52 posted on 05/12/2020 6:37:56 PM PDT by semimojo
[ Post Reply | Private Reply | To 41 | View Replies]

To: AndyJackson
It is very much on point.

We may get a chance to find out.

If so I'd expect to hear that argument from DOJ tomorrow

53 posted on 05/12/2020 6:39:46 PM PDT by semimojo
[ Post Reply | Private Reply | To 51 | View Replies]

To: semimojo

“The case has been adjudicated. Flynn pleaded guilty.”

Sorry, it has been established that the Muller team concluded within a month that there was no collusion between team Trump and Russia, yet they proceeded to intimidate and coerce Flynn into pleading guilty to a “crime” he did not commit. That in itself is a crime by the prosecution. Everything stemming from the fraudulent Mueller investigation is the fruit of the poisoned tree and should be dismissed forthwith. This is not rocket science.

By the way, for whom did you vote in the last presidential election? I voted for President Trump.


54 posted on 05/12/2020 6:42:31 PM PDT by elengr (Benghazi betrayal: rescue denied - our guys DIED - treason's the reason obama s/b tried then fried!)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Hostage
So it will be 150 Osama Obama appointees in favor of prison and Professor Dershowitz (and perhaps Jonathan Turley as well) in favor of dismissal.

Who can say how this will turn out?? (/sarcasm)

55 posted on 05/12/2020 6:49:29 PM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage

In the Navy we had a term for this type of situation::

‘Re-F***ingdiculous”


56 posted on 05/12/2020 7:02:12 PM PDT by Oscar in Batangas
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage

“However, on the positive side this might stir Barr to release even more damaging information to counter the political efforts of Judge Sullivan.”

Barr should be releasing stuff with both hands right now regardless.

Get it all out.

All of it.

Now.

L


57 posted on 05/12/2020 7:04:40 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage
Sullivan is scared.

He should be

Suliban had plenty of time and opportunity to do the right thing. Instead he posed and postured and played everyone. It is abundantly clear that he will do the opposite of what is right. He needs to be hounded out of office - after being publicly humiliated of course.

58 posted on 05/12/2020 7:16:58 PM PDT by rockrr ( Everything is different now...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hostage

What does Obama and Co have on this judge and/or his loved ones?


59 posted on 05/12/2020 7:19:56 PM PDT by petitfour (APPEAL TO HEAVEN)
[ Post Reply | Private Reply | To 1 | View Replies]

To: elengr
Everything stemming from the fraudulent Mueller investigation is the fruit of the poisoned tree...

Flynn was interviewed by the FBI in January and resigned, admitting he had lied, in February.

Mueller was appointed in May.

60 posted on 05/12/2020 7:22:52 PM PDT by semimojo
[ Post Reply | Private Reply | To 54 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-88 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