Posted on 08/08/2020 9:14:06 AM PDT by Auntie Mame
Maybe Judge Luttig was right all along.
I had the misgivings you’d 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 court’s three-judge panel had not yet heard oral argument on Michael Flynn’s mandamus petition — i.e., Flynn’s request that the panel find that federal district judge Emmet Sullivan was acting lawlessly. Sullivan had not only failed to grant the Justice Department’s 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 government’s 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 government’s 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 ...
I read an article on a website run by a former federal prosecutor regarding the demand that the parties submit briefs regarding the disqualification of Sullivan.
It is his opinion that the Chief Judge of the D.C. Circuit was told to make this case go away. The message likely came from the Supreme Court. My guess is that Roberts made a phone call or had the Clerk make the call on his behalf.
The fact they are asking the question is to appease the Trump camp critics and TO DELAY THE DAMN THING UNTO OCTOBER.
After delaying justice while hearing arguments about Sullivan’s role, they will deliberate about whether to kick Sullivan off the case, and when they decide to kick him off, they will deliberate for weeks more to replace him.
I don't think that McCarthy is arguing against this. Powell has argued this point, but the Court has seemingly ignored it. McCarthy is suggesting that the Court can continue to ignore it, but get to the same result, removing Sullivan from the case.
What McCarthy conveniently does is ignore the fact that the same Swamp DoJ / Court Apparatus ignored 50 people, all with the same political affiliation, lying to the FBi.
The Elephant in the room is invisible to McCarthy, who accepts that as part of the “Justice” System.
‘
Yes. Sidney already filed affidavit of bias and prejudice and the stated grounds should suffice to meet the threshold. Judge Sullivan has taken a personal animus in this case, has uttered prejudicial comments about Flynn (Said he’s guilty of Treason and should be executed).
I love it. So on point. Got him by the nads
Oh, he knows, he certainly knows. But, his articles and public appearances are founded in law and how the law will be applied or ignored. That can be very useful when you are trying to understand what the Courts and attorneys are up to.
“there are ample grounds in the actions the district court has already taken for the appeals court to order that the government’s motion to dismiss be heard by a different judge, and it should so order.”
This will only bump it to next crooked judge in line. The deepstate will do anything to at least delay the Flynn case from being dismissed. You don’t get these types of judge positions unless they have something on you and control you.
Powell actually has Sullivan in a catch 22. Either Sullivan has no standing or he must be removed from the case.
I have heard parts of this before, so the rumors are certainly out there. Is it true? I don’t know, I havent seen any evidence one way or another.
Never going to happen: Of the 11 judges sitting en banc, 4 were appointed by Dumbo, three we appointed by BJ Clinton, Two were appointed by anti-Trumper Bushies, and one is a DJ Trump appointee.
Who are the family members? I'd like to look up what they are saying. If you've got any links that would be great. Thank you!
Thanks. I tend to sway back and forth with @johnheretohelp. Sometimes I think he’s got mental problems, and then others, like with this Judge Sullivan twitter thread, he makes a LOT of sense.
He should be disbarred.
He can only be removed from the bench by impeachment.
I’m not a lawyer but here’s my take on this. Whether or not Judge Sullivan should have recused himself from the case, or be disqualified from the case is irrelevant to the appeal of the writ of mandamus. The writ of mandamus was an order to the lower court to dismiss the case. I think that the appeals court is going to rule that the extraordinary relief of the writ of mandamus is unwarranted when a lesser remedy is available, that remedy being the recusal or disqualification of Judge Sullivan. I suspect that the appeals court will overturn the writ of mandamus and send the case back to Judge Sullivans court with instructions for the defense to file a motion for one of the lesser remedies. They’re just playing games to keep this tied up in court longer.
Exactly.
He is unwilling to grasp the central fact of our time: Those who have been ruling us have been working for a century to undermine the rule of law and the Constitution.
It is part and parcel of the DNA of Progressive ideology.
The other remedy was for the DOJ to withdraw the complaint, which it did.
Asking for relief though an extraordinary writ is only because Sullivan refused to sign an order dismissing the case as agreed to by the DOJ and Flynn; and as directed by the three-judge panel.
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.