Skip to comments.Judge Sullivan Disregards Two Controlling Precedents By Appointing Amicus In Flynn Case
Posted on 05/14/2020 9:56:22 AM PDT by catnipman
U.S. District Court Judge Emmet Sullivan disregarded two controlling precedents from higher courts with his decision to appoint John Gleeson as amicus curiae in the U.S. v. Michael Flynn case this week. Judicial conduct similar to J. Sullivans in these prior, far less politically charged cases was roundly and unanimously condemned by Justice Ruth Bader Ginsburg.
One week ago, the U.S. Supreme Court issued a 9-0 decision, authored by Justice Ginsburg, that took judges to task for similar amicus antics. Her opinion for the Court in U.S. v. Sineneng-Smith upbraided the U.S. Court of Appeals for the Ninth Circuit for violating a basic aspect of legal proceedings called the party presentation principle. In a nutshell, this concept dictates that judges must decide the case as presented by the parties before them. They are not to go out questing for dragons to slay (or issues to tackle) that the parties have not brought before them. As J. Ginsburg put it: [C]ourts are essentially passive instruments of government
They do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.
(Excerpt) Read more at forbes.com ...
Deepstate judge just following orders.
Proceed at your own risk Judge.
Stare Decisis unless I don’t likes it..
He’ll get slapped down by superior courts, just let it play out.
I’m no lawyer but if SCOTUS did,in fact,recetly rule against exactly what this BillyBob appointee is doing then it seems to me as if General Flynn has nothing to worry about.
When you loose Buzzy...you loose Bigly
I disagree, First the Appeals or the Supreme Court should hole the Judge in Contempt of Court and JAIL HIM for 30 days.
Judge is a political hack, trying desperately to jail Flynn.
Looking at pushing perjury charges based upon his pleading guilty is way out of line.
FLYNN WAS UNDER DURESS, THEREFORE, HIS PLEA WAS NOT FREELY GIVEN, IT WAS COERCED BY THREATENING HIS SON.
I am so angry over this. Yet again, dem politicos dont just want to beat you at the ballot box, they want to destroy you.
This is as preposterous and absurd as it gets.
Amicus means friends. So who is this appointed ex judge friend of? There are only two sides he can be friend of. The plaintiff or the defendant.
He’s obviously not a friend of the defendant, and the plaintiff is no longer pleading, and thus is not looking for any “friends” for help in the case.
If you indict before you have a court that is truly impartial and follows the evidence, you accomplish nothing other than protecting the accused from further prosecution because of the double jeopardy rules. Because the trials will ind up in DC courts, Barr needs to be very careful.
My conclusion is the restoration of Michael Flynn back into the Trump administration after the case dismissal must be a mortal threat to Obama and his criminal accomplices for a judge to climb this far out on a limb. They all know it and Sullivan is being seriously threatened by Obama to do this.
Judge Sullivan is General Custer foolishly riding down the hill into an overwhelming force of the enemy and into a battle which he cannot possibly win.
Yep, defendants should be able to change their plea based on procedural issues, what’s going on here seems insane
The problem is that this is no longer about the outcome, it’s about how much damage can be created by the process. As noted in the article, Flynn will have to pay his attorneys to respond to every brief Sullivan allows to be filed. Think $50k per.
Politically, even with the outcome a given, the left will get to keep Flynn (and by extension Trump and Barr) in jeopardy the longer they can keep this sham running. Who doubts that the main stream media won’t publish every day about how corrupt the administration is for not continuing the charges against Flynn?
Call it lawfare, because that’s what it is. The left even has a group who brags about it under that name. We really are coming up to a bad fork in our country’s future. I just hope enough people stand up and say enough before we actually become a banana republic.
I’m waiting for Sidney Powell’s response, it should be interesting.
Its a delay tactic - all the Democrat/DS tactics are delaying tactics...to run out the Trump presidency with the least harm to them. Waste time and delay. And implement a trumped-up perjury claim based on his signature on the attestation document of his original guilty plea.
They are trying to keep Mike Flynn from talking publicly for as long as possible. Powell needs to file a writ of mandamus to take this out of Sullivans hands and move it to a higher court. She has the grounds to do so.
Expect Sidney Powell, counsel to General Flynn to withdraw her motion decrying this absurdity to Judge Emmet Sullivan.
Then the DOJ will file a writ to the court above Judge Sullivan.
This is going to be slammed hard on his knuckles. Deservedly so.
Sullivan will do anything he can to protect and insulate his god Obama. Had BJ Clinton not nominated Sullivan for the federal bench, Obama certainly would have. But it is well known in D.C. that Sullivan would crawl on his hands and knees over a mile of broken glass just to sniff Obama’s armpits.
Another Democrat "Dirty Judge" who is out of control!
As someone said below, Sidney should simply wait and allow DOJ to file the objection.
This is crazy. The Judge he “appointed” to act as prosecutor has already commented publicly exhibiting his bias against Flynn!
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