Judge (Sullivan) Asks Court Not to ‘Short Circuit’ His Review of Flynn Case

NY Times ^ | 6/01/20 | Charlie Savage

[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.

[Scram1]

Page 13 and 14 per your statement government response

https://tinyurl.com/ybuqg2fs

[chaosagent]

So if Sullivan doesn’t give them permission to drop the case, what can he do?

How can he force the DOJ to prosecute the case?

Can he, in essence, prosecute it himself, by just declaring Flynn guilty and sentencing him?

[itsahoot]

.he’ll be the first Federal judge to serve both as judge and prosecutor.

Don't ignore Judge Parker.

[SunkenCiv]

Thanks Libloather.

[tennmountainman]

Yep. Sullivan his behind a rich white woman to try to protect himself.
Too ignorant to write his own response based on law.

[ldish]

BARRY SORTORO - JOHN ROBERTS - THE RULE OF LAW IS BREAKING DOWN IN TOO MANY WAYS IN AMERICA! - CIVIL WAR II

[SmokingJoe]

Sullivan should be put in a straitjacket at once. He is insane.

[William Tell]

"Can he, in essence, prosecute it himself, by just declaring Flynn guilty and sentencing him?"

Evidently the DOJ railroaded Flynn and got him to plead guilty through coercion by threatening to prosecute Flynn's son.

Then Flynn, under penalty of perjury, made statements admitting his guilt. Sullivan could consider contempt of court or refer him to DOJ for perjury charges. The latter won't work but the former might.

The real question might be "what will Sullivan do about the DOJ misconduct?" The appeals court might order a new trial for Flynn, followed almost instantly by the DOJ dismissing charges before a different judge.

[lepton]

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,

---

It would, except that it is well-explained in the filing documents the DoJ submitted to the Judge.

[lepton]

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.

---

That’s always been taken as perfunctory - a requirement that the judge has to be officially informed, and administratively processed. His role is to sign off that he’s been notified, and process the paperwork necessary to close the case.

[Georgia Girl 2]

The judge has no argument that’s why the DC circuit court demanded an explanation from him.

[chaosagent]

I understand how Flynn got there.

So if a person pleads guilty because of a gun held to his head, literally or figuratively, and then he is later found to be innocent of the charges, he can be prosecuted for perjury because he pled guilty initially?

[MortMan]

Prior decisions have restricted the “leave of the court” to preventing the prosecution from charging, dismissing, recharging, etc. The dismissal sought is with prejudice - meaning Flynn cannot be recharged - and was motioned for due to prosecutorial malfeasance as identified by the DOJ’s independent reviewer.

Sullivan’s role is to protect the defendant from further abuse. He has no reason and no leeway on this matter.

[William Tell]

I believe that Flynn was entitled to plead nolo contendere which means that he does not intend to contest the charge but also is not admitting guilt. I’d be pretty confident that the prosecutors wouldn’t permit that but instead insisted on the guilty plea, knowing that they had coerced that plea.

This behavior ought to result in prison for the prosecutors. They basically suborned perjury through coercion.

[Republican Wildcat]

The Justice Department’s conduct in abruptly deciding to end the case against President Trump’s former national security adviser Michael T. Flynn

Abruptly? As though all of those documents that have been getting released and the information contained therein did not occur?