Good day all. Last week, the judge sitting on the Michael Flynn case decided that he didn’t like the Department of Justice dropping the case against General Flynn. He decided to appoint his own prosecutor to find a way to charge Flynn with perjury.
There are a lot of legal terms regarding what is going on in Judge Sullivan’s court. However, the idea that Sullivan can have someone file an amicus brief is unheard of, and frankly, thanks to a unanimous Supreme Court ruling on a similar case a couple of weeks prior, is also illegal.
Judge Sullivan’s actions caused Flynn’s powerhouse lawyer, Sidney Powell to file something called a writ of mandamus with the D.C. Circuit Court, something that is almost unheard of. Here are the details from Fox News:
A federal appeals court on Thursday directed the judge hearing the case against former national security adviser Michael Flynn to respond to a petition by Flynn for the charges against him to be thrown out.
Flynn’s attorney earlier this week had filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking that the prosecution against Flynn be dismissed as the Justice Department has requested, and for Judge Emmet Sullivan to be taken off the case.
Considering Sullivan’s antics since being assigned to this case, he should have either recused himself some time ago or been removed. He started the case by referring to General Flynn as a traitor. When Sidney Powell started uncovering all the exculpatory evidence and the corrupt actions by the prosecutors, he told her to stop giving it to him. (People thought he was asking for everything to be dropped on his desk at one time. Now I’m not so sure)
The order issued Thursday directs Sullivan to file a response by June 1, and invited the government to respond “in its discretion within the same 10-day period.
I think the appropriate word here is “WOW!” Think about this. The circuit court told Sullivan he had until June 1st to reply, and told the DoJ, “Anytime from you guys before June 1st is cool with us.”
Writs of mandamus are extraordinary remedies, which are appropriate when there has been a “usurpation of judicial power” that is “clear and indisputable.”
Flynn lawyer Sidney Powell has argued that the judge did exactly that when he refused the DOJ’s request and instead appointed a retired judge to argue against the position held by the DOJ and to consider if Flynn should be held in contempt for perjury.
The reason the DoJ dropped the case was the memos and other information found by Sidney Powell showing that the FBI’s whole plan was to get Flynn by any means possible, up to and including manufacturing evidence. Certain documents, called 302’s, that Agents write up after an interview have gone missing or been altered. There is information that Flynn’s original lawyers had a major conflict of interest, and never told him about it. All of this is why the DoJ decided to drop the case. This is where Sullivan went off the rails.
The DOJ requested Sullivan dismiss the case, but he announced that he would permit outside parties to weigh in and appointed Judge John Gleeson to argue against the DOJ’s position.
And this is the judge deciding he was going to act as prosecutor. This is why the writ of mandamus was filed.
In their emergency petition, Flynn’s attorneys said Sullivan “has no authority to adopt the role of prosecutor or change the issues in the case.”
“This is an umpire who has decided to steal public attention from the players and focus it on himself,” the lawyers wrote. “He wants to pitch, bat, run bases and play shortstop. In truth, he is way out in left field.”
Judge Sullivan isn’t in Left Field, he’s out in the parking lot a county over. Sullivan is about to find himself in a great deal of trouble, all of it of his own making. He will probably be removed from the case, and possibly prevented from hearing any cases more controversial then a parking ticket. A sad ending to a judge who was considered to be an honest jurist.
Thatisall
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