Posted on 06/01/2020 3:44:33 PM PDT by Libloather
WASHINGTON - The Justice Department’s conduct in abruptly deciding to end the case against President Trump’s former national security adviser Michael T. Flynn was so unusual that it raised a “plausible question” about the legitimacy of the move, a lawyer for the trial judge overseeing that case told a federal appeals court on Monday.
In a 36-page filing, the lawyer for Judge Emmet G. Sullivan of the United States District Court for the District of Columbia asked a three-judge panel not to cut short his review of the factual and legal issues surrounding the case. A defense lawyer for Mr. Flynn had asked the appellate panel to issue a so-called writ of mandamus ordering the judge to immediately dismiss it without letting him complete an assessment.
“The question before this court is whether it should short-circuit this process, forbid even a limited inquiry into the government’s motion and order that motion granted,” wrote the lawyer, Beth Wilkinson. “The answer is no. Mandamus is an extraordinary remedy that should be denied where the district court has not actually decided anything.”
But the Trump administration, in its own brief, urged the appeals court to shut down the case without any further review. Decisions about whether to prosecute or drop a case are for the Justice Department, and Judge Sullivan has “no authority” to reject the executive branch’s decision in the matter, the government argued.
(Excerpt) Read more at nytimes.com ...
Well, if that is the question the answer is an emphatic "yes!"
The Justice Department’s conduct in abruptly deciding to end the case...
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Abruptly?? Flynn has been in sentencing limbo for almost 2 years.
If allowed to proceed Judge Sullivan will make US judicial history...he’ll be the first Federal judge to serve both as judge and prosecutor.
Ain't that the truth.
This partisan fool needs to be removed from the bench.
Must NOT be allowed to happen.
Sullivan is INSANE!! STOP THIS MADNESS!!!
Sullivan is INSANE!! STOP THIS MADNESS!!!
Maybe we should just ask the Democrat Party to decide every case and get rid of all the judges and lawyers.
Short-circuit is the wrong term. With a short circuit, electrical current is present, but is being required in such a way that a fuse or break is tripped, or a piece of the device is damaged.
No we need you to unplug the thing so there is no current to short circuit.
For those wanting to attack Trump any way they can. Thanks, NYT, for providing us all with the liberal view...
“The Justice Department’s conduct in abruptly deciding to end the case...
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Abruptly?? Flynn has been in sentencing limbo for almost 2 years.”
Much more to be said about this, but is an astute observation.
The only thing that needs to be reviewed is Sullivan’s handling of this case. Starting with his treason comment, and his ignoring the Muller team hiding Brady material.
Worse than INSANE, Sullivan is a leftwing judicial activist working to overthrow the Constitution of the United States for his own traitorous version.
Exactly like the FISA judges rubber stamping everything the BozoObama regime asked for, and then doing nothing when it was discovered the FISA requests were bogus. Why weren’t the bad actors cited for contempt of court? Of course the clowns in robes were part of the conspiracy. Was Sullivan one of them?
If you actually cared about facts and legal issues, you'd be scouring the recently released DOJ and FBI documents that were withheld by prosecutors, and you'd realize that you were taken for a ride, that you knew you were being taken for a ride and allowed it, and that whatever judicial career and reputation you thought you had, you totally dismantled yourself with your political bias in the case. And you didn't even try to hide it.
Not entirely. Rule 48(a) of the Federal Rules of Criminal Procedure says that, "The government may, with leave of court, dismiss an indictment, information, or complaint."
So Sullivan's permission is required to drop the charges. His grounds for refusing permission, if he does, may be reviewed on appeal, but the rule certainly gives him some kind of role.
And let’s not talk about the conduct of the Mueller prosecution team who withheld exculpatory evidence for over two years...evidence he, himself ordered to be turned over. He doesn’t even care to enforce his own court orders, or discipline attorneys who violate it. The guy’s a douche bag.
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