On shutting down Sullivan’s circus
Power Line,
by
Paul Mirengoff
Original Article
Posted By: Pluperfect,
5/16/2020 4:45:57 AM
In light of Judge Sullivan’s bizarre orders in the Flynn prosecution, there is talk about the possibility of filing a petition with the court of appeals seeking to have it pull the plug on the Flynn proceedings. However, I don’t think the D.C. Circuit would grant such a petition, and I question whether, at this stage, it should.
The problem is that Sullivan hasn’t ruled one way or the other on the government’s motion to dismiss the case against Gen. Flynn. Technically, all he has done is ask for briefing from outside parties on the question of whether he should grant the motion.
Sullivan shouldn’t have asked for outside help.
We have laws on prosecutorial misconduct. Do we have laws to cove judicial misconduct. It seems to me that Judge Sullivan is going way beyond his powers in holding an innocent man without any charges against him. Why is he not being removed from the bench?
15 people like this.
Reply 2 - Posted by:
WhamDBambam 5/16/2020 6:59:36 AM (No. 412498)
Good luck holding any federal judge to any standard of conduct. Just see how many have been impeached for their conduct (and, no, the astonishingly low number does not reflect upon the quality of federal judges, but rather a complete lack of regulatory will).
14 people like this.
Reply 3 - Posted by:
Venturer 5/16/2020 7:47:42 AM (No. 412540)
A lot of people ask for help when they don't know what they are doing.
Usually it's a good thing,but in this case when the prosecution says it has no case, the decision should be so simple that even a Howard University Judge should not need such help.
10 people like this.
Reply 4 - Posted by:
Bur Oak 5/16/2020 8:25:16 AM (No. 412570)
The legal process that General Flynn has been forced to go through is punishment for a crime he didn't commit. The judge has been and is continuing to punish the general. Judge Emmet Sullivan's actions are a disgrace to the judiciary.
15 people like this.
Reply 5 - Posted by:
Krause 5/16/2020 9:06:52 AM (No. 412603)
Obama wants him prosecuted, that's the impetus.
11 people like this.
Reply 6 - Posted by:
jeffkinnh 5/16/2020 9:08:06 AM (No. 412605)
Sorry, this is absurd. Sullivan has set no speedy timeline for finishing up what should be a simple administrative manner. He is stalling the completion of what has clearly been a grossly unfair and possibly criminal conspiracy and persecution of Flynn.
Another question is, was Flynn in contempt of court, about the only thing Sullivan as a judge could act on, when he agreed to a plea that he now says is not true? This again is absurd. People arrange plea deals all the time that trade off one "crime" that did occur for one that didn't but has a milder sentence. The judges that sign off on them KNOW how the system works and allow it for the sake of justice and expediency. Further, Flynn's plea was forced by the corrupt prosecutors and their complete failure to share exculpatory evidence that would have blown their case out of the water.
If Flynn is fishing for another charge, like perjury, he would have to get the government to charge Flynn for him. The government is NOT going to do that.
Another problem is, Sullivan is clearly biased. He mulled whether Flynn was traitorous. Over WHAT? Legitimately talking to the Russian Ambassador? When questioned by the FBI about a non crime, not being sure of one conversation of 1000s he had had? Even if he had flagrantly lied over a NON CRIME, others have received a quick couple months and it's done. Declaring Flynn traitorous reveals a deep and angry bias. Maybe because Flynn told off BO?
Unfortunately, I also wonder if the liberally biased D.C. Circuit would grant a writ?
Flynn, having suffered through prosecutorial misconduct, is now suffering through judicial misconduct a la Sullivan.
8 people like this.
Reply 7 - Posted by:
janjan 5/16/2020 9:20:18 AM (No. 412619)
In the meantime General Flynn racks up ever growing legal costs. You can afford to be very prissy about the law when it’s not your pockets being emptied.
9 people like this.
Reply 8 - Posted by:
bpl40 5/16/2020 10:34:44 AM (No. 412703)
A write of Mandamus could be filed. The Circuit court instead of ruling for or against could ask the judge to submit a timetable of specific acts and deadlines to the superior court. This looks like an attempt to drag out the proceedings.
6 people like this.
Reply 9 - Posted by:
MDConservative 5/16/2020 11:04:24 AM (No. 412739)
The citation of Fokker is baloney. It's doesn't apply to this case. Read the decision. This case trial and DOJ's involvement ended with a guilty plea...made by Flynn under oath...TWICE. The issue at hand is the validity of the plea and his liability for perjuring himself for years before the courts, concealing the truth of his "free will" decision to confess.
There is something lurking here that Flynn supporters don't want exposed. I suspect it involves his participation in the negotiations and his promise to cooperate with the prosecution. This is a guy used to being in charge, making tough decisions under heavy pressure, a hero. Now he's just a schlub flushed down the toilet by everyone else on all sides under great duress. Funny how his former defense team wants in on this, likely to protect themselves from the spin certain to be applied.
I'm sure Ms Powell will ably represent the General.
1 person likes this.
Reply 10 - Posted by:
stablemoney 5/16/2020 11:21:28 AM (No. 412759)
So Mr. Mirengoff, what if Judge Sullivan decides to proceed with hearing the amicus briefs without ruling on the procsecution's motion to dismiss? I don't think waiting on Judge Sullivan to do anything has been a very effective strategy, as Judge Sullivan has had this case for well over a year, and hasn't done much with it. This is not a complicated case. I would not want to have to go through Judge Sullivan for speedy justice.
4 people like this.
Reply 11 - Posted by:
Chuzzles 5/16/2020 11:32:38 AM (No. 412773)
Dittos to #1, and I question why the writer is okay with the continued railroading of an innocent man. But then he is a part of the legal system isn't he? I don't care if one of the 'processes' the lawyers worship isn't finished. If an innocent man is caught up in one of their processes, it should be stopped dead in its tracks. No more dragging it out. I suspect lawyers have totally lost touch with how regular folks feel when they are victims of the system like Flynn is. How much longer does Flynn need to be tortured Mr. Mirengoff? You folks on many levels are so much worse than the CIA and their tactics, and it is all in the name of 'law'.
5 people like this.
Reply 12 - Posted by:
bighambone 5/16/2020 1:31:18 PM (No. 412872)
The problem with the parties not immediately filing a writ with the court of appeals is that Judge Sullivan will almost certainly try to delay his decision for a long as possible into and probably past the run up to the election, hoping for an incoming liberal Democrat President and Attorney General who will go on criminally persecuting General Flynn, if he can get away with doing that. You would be pretty naive to believe that first Barack Obama and then Sullivan popping up within days of each other using the word “perjury” against General Flynn was coincidental. At the moment the handling of the Flynn case by Sullivan is certainly an indication that the federal courts have been extremely politicized anytime a politically charged case lands in those courts. If they can do that to Flynn, they can certainly do the same to you!
3 people like this.
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