Should Judge Sullivan Be
Disqualified from Flynn Case?
An Appeals Court Is Asking
National Review,
by
Andrew C. McCarthy
Original Article
Posted By: Pluperfect,
8/9/2020 4:34:54 AM
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
Reply 1 - Posted by:
jeffkinnh 8/9/2020 6:43:37 AM (No. 504008)
McCarthy is now suggesting that the idea of removing Sullivan from the case has more "appeal" to the D.C. Circuit Court of Appeals. Consider the lesson that Sullivan SHOULD have learned from the prosecution. The DOJ found out that Flynn's persecution was fraudulent and part of both a bigger political scandal and a seeming vendetta against Flynn by BO and his administration so they dropped the prosecution. A "wise" judge would have left alone this dying Frankenstein's monster but instead of doing that, Sullivan, who has oozed bias throughout the trial, hooks up the monster and tries to pump more judicial electricity into it in order to revive it. Further, Sullivan opened up an enormous can of worms by getting into a Constitutional battle with the DOJ over who has the right to prosecute, a fight that the DOJ MUST respond against and that Flynn is guaranteed to lose. This attempt to take over the prosecution is a shocking display and embodies the very definition of bias. It seems even judges sympatico to politically "getting" Flynn are amazed and shocked by Sullivan's reckless bravado.
Flynn already has an excellent case of suing the executive branch prosecution for criminal actions. It seems that Sullivan is determined to qualify the federal court to be a party in that suit as well. Every step he is taking is making the matter worse. The 3 judge review panel may have been trying not to slap down Sullivan too harshly and just give him a wakeup call as to proper procedure. Sullivan, for whatever mysterious reason is motivating him, ignored the warning.
I had previously suggested that the least damaging way to resolve this would be to set Sullivan aside and allow a new judge to quickly resolve the issue according to law. Sullivan's determination to drag out a certain dismissal of the case is bad for the DOJ, the courts, Flynn, the public, and Sullivan himself. At this point the ONLY motivation for this is Sullivan's unknown and twisted intentions. If the Appeals court has any common sense, they should use the most direct and lightest touch and get rid of Sullivan. Sullivan has called this upon himself and will now bear the onus more directly. Until the DOJ dropped the case, Sullivan could make the argument that he was just carrying out his duties, although a bit of prejudice slipped in. His refusal to drop the case has thrust Sullivan into much larger and indefensible culpability for a badly corrupted process. McCarthy suggests that Sullivan can take solace that he can continue to personally believe that Flynn is guilty. I would suggest from transcripts finally released it has become very clear that Flynn did nothing wrong and did NOT lie to the FBI about it and is therefore completely innocent. To believe otherwise is delusional for Sullivan and McCarthy as well.
The D.C. Circuit Court of Appeals should recognize the sewer into which Sullivan has placed the court and extricate themselves with alacrity and unity by removing Sullivan.
30 people like this.
Reply 2 - Posted by:
judy 8/9/2020 6:48:15 AM (No. 504012)
Judge Sullivan should be concerned with the less than ethical actions by the JD & Flynn's previous attorneys who charged him 6 million $$$.
20 people like this.
Reply 3 - Posted by:
Krause 8/9/2020 7:30:19 AM (No. 504045)
Flynn has the goods on Obama and Brennan. He's a big danger to them if he's free to talk. Sullivan is in cahoots with his buddy Obama to keep Flynn from exposing their part of the coup.
28 people like this.
Reply 4 - Posted by:
Philipsonh 8/9/2020 9:37:39 AM (No. 504175)
As has been noted, Sullivan is acting as judge, prosecution, jury, and executioner, with JUDGE being the least pertinent. Sullivan should be disbarred !
10 people like this.
Reply 5 - Posted by:
MickTurn 8/9/2020 10:02:19 AM (No. 504203)
YES, He is obviously biased against Flynn. He also should be Impeached and removed from the bench and his law license should be permanently revoked. Pound Sand Libs!
7 people like this.
Reply 6 - Posted by:
javaboy 8/9/2020 1:12:16 PM (No. 504409)
Given the sheer level of his bias with no serious attempt whatsoever to hide it, one has to wonder what his real motive is:
Sullivan is trying to prevent Flynn from appointment?
Sullivan is trying to protect someone?
Someone figuratively has a gun to Sullivan's head and is threatening to pull the trigger?
Whatever the case, his motive certainly isn't justice.
3 people like this.
Reply 7 - Posted by:
DVC 8/9/2020 2:00:08 PM (No. 504438)
Remove Sullivan and then he needs to be impeached.
1 person likes this.
Reply 8 - Posted by:
bighambone 8/9/2020 2:57:05 PM (No. 504487)
Well in the Circuit Court order dated August 5, that court listed three parties to the proceedings who will have time to present their arguments to that court during a hearing next Tuesday. The three parties listed in the order are Flynn, the DOJ, and Sullivan. My question is how can Sullivan be a party to the court proceedings targeting Flynn, and at the same time be the presiding District Judge in the matter? The answer of that question may in itself be a clue as to what the Court Court will mandate.
This is a highly politically charged case that the Democrats want dragged out until after the November 3 Presidential Election obviously believing that if Biden wins that the old corrupt Obama-Biden crew will be reinstalled in the DOJ, with the ability to withdraw the current DOJ position that the Flynn political persecution should be dismissed by Sullivan. Since there are so many Democrat nominated Judges on the Circuit Court who will hear the Flynn case on Tuesday, common sense will tell you that it is a “wild card” as to what their decision will be. Even if they disqualify Sullivan and the case is transferred to a different and new Judge you can bet there will be further delays as the November election approaches.
1 person likes this.
Reply 9 - Posted by:
DVC 8/9/2020 9:54:19 PM (No. 504753)
Yes, Sullivan should be pulled off of the case. And he should be impeached and retired as a unfair, partial, incompetent "judge".
0 people like this.
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