Posted on 08/08/2020 9:14:06 AM PDT by Auntie Mame
Maybe Judge Luttig was right all along.
I had the misgivings youd expect back in late May, when I disagreed with J. Michael Luttig, the stellar scholar and former federal appeals court judge, regarding how the D.C. Circuit Court of Appeals should handle the Flynn case.
At the time, that courts three-judge panel had not yet heard oral argument on Michael Flynns mandamus petition i.e., Flynns request that the panel find that federal district judge Emmet Sullivan was acting lawlessly. Sullivan had not only failed to grant the Justice Departments motion to dismiss the criminal case against Flynn; he had appointed a former federal judge (the overtly anti-Trump John Gleeson) to posit the argument abandoned by DOJ to wit, that Flynn should proceed to sentencing because he had pled guilty to a false-statements charge, waiving his right to contest the case any further in exchange for the governments agreement not to file any other charges. Basically, Flynn was asking the appellate court to order Judge Sullivan to dismiss the case. ...
In a Washington Post op-ed, Luttig contended that there are ample grounds in the actions the district court has already taken for the appeals court to order that the governments motion to dismiss be heard by a different judge, and it should so order.
It is interesting to revisit this assessment in light of an order issued by the D.C. Circuit on Wednesday. The Circuit directed that the participants ... including Judge Sullivan himself, must address the question of whether Sullivan should either recuse himself or be disqualified by the Circuit. Arguments in the case will be heard this coming Tuesday, August 11, in a rare en banc review by the full Circuit ...
(Excerpt) Read more at nationalreview.com ...
The moment he hired a lawyer he should have been asked to recuse IMO.
Yes, why is it that ONLY Judge Sullivan can hear this case?
0b0z0 is pulling Sullivan’s little black strings
The full court should have declared Sullivan had no standing to appeal and gone with the previous Appeal ruling. Of course that did not happen because Obama packed the Court with his lawless stooges.
I wouldn't urinate in his butt if his guts were on fire. Let him burn.
Snip____
The Circuit instructs counsel for Flynn, the Justice Department, and Judge Sullivan to consider the effect of Congresss disqualification statute (Section 455 of Title 28, U.S. Code). Specifically, the participants in the mandamus dispute are told to address the laws mandate that a judge be disqualified in any proceeding in which his impartiality might reasonably be questioned, particularly if the judge is a party to the proceeding.
The writer knows the law but doesn’t seem to understand that liberal judges are there to subvert the law, not follow it.
Charge Sullivan with obstruction of justice, reassign the case to another judge for his immediate dismissal of said case. Simple.
https://threadreaderapp.com/thread/1261480070683688967.html
"Besides the money laundering and the insurance fraud for yourself and your friends. Should we talk about the cases that you have corrupted for money or favors? I've compiled quite a list......"
“Should Judge Sullivan Be Disqualified from Flynn Case? “
He should be dismembered.
How dare you! He is a principled conservative! I shall smite you with his powered wig if you remain insolent.
It is. Not much new info in there and I agree with where he believes itll end up.
Bookmark
Bump for all to read
General Flynn’s plea of guilty is very similar to what the left imagines to be Floyd George claiming he cannot breath. And yet, once the DOJ removes their knee, Sullivan steps up to press Flynn’s head back to the concrete!
Put in those terms, Sullivan should be brought up on charges.
How can the press not see this?!
The author doesnt have the guts to say that entire Judges family is on-line smearing Flynn and propagating every wild, fake rumor about Trump that exists.
We need no proof that Police actions are based on race. That same standard condemns Sullivan as a virulent Racist.
Racist Judge Sullivan.
I agree, it is a brilliant analysis and perfectly explains what is happening. I remind everyone that I predicted on this forum that the Court would deny an en banc hearing, so I have been wrong on this at least once. But this analysis now makes sense out of what has been a clown show.
Sydney Powell has been at least three moves ahead on all of this, she has already argued that Sullivan should be replaced and taken off the case, and she has argued that Sullivan has no standing to do anything but to dismiss and he cannot be a party to the dispute.
This theory suggests that the full Court understands this as well and Andrew McCarthy's prediction is the way that they can fix it. As always the optomist, I believe that that is what is going to happen after the en banc hearing.
McCarthy is wrong on several points. The most important one is that when the government drops a case because they have proof the defendant is actually innocent, there is no justice in proceeding with the case. To do so would be a clear violation of Flynn’s due substantive due process rights.
Another big factor in Sullivan’s refusal to dismiss the case is that when Flynn files his civil rights case, he will have the right to depose Sullivan, the previous prosecutors, and his previous attorneys. Discovery will get very nasty because it is very likely those individuals conspired to convict Flynn.
While Sullivan may not be subject to civil liability, judges are definitely subject to being deposed in a civil action. I assume he wants to avoid that at all costs.
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