Good day all. The Flynn Affair continues with America’s version of Maximilien Robespierre, one Emmett Sullivan, continuing his witch hunt against General Michael Flynn.
Recently, the D.C. court issued an order of Mandamus instructing Judge Emmett Sullivan to drop the charges, as requested by the Department of Justice, against General Flynn. Sullivan has flat out refused to do so and is demanding a full en banc hearing from the entire court of appeals. Here are the details from Fox News:
Washington, D.C. federal District Judge Emmett Sullivan is refusing to dismiss the criminal case against former national security advisor Michael Flynn, and is now arguing that the D.C. Circuit Court of Appeals erred when it ordered him to do so last month in a 2-1 ruling.
Sullivan, through his attorney Beth Wilkinson, filed a petition on Thursday for a so-called “en banc” review by the entire D.C. Circuit Court of Appeals, arguing that the three-judge panel was improperly trying to force the district court “to grant a motion [to dismiss] it had not yet resolved … in reliance on arguments never presented to the district court.”
I will flat out admit that I don’t understand what the problem here is. Sullivan is delaying the inevitable. The longer this goes on, the more evidence of wrong doing by the Mueller Inquisition and the FBI shows up. Granted, thanks to Dingy Harry Reid, the D.C. Circuit is packed with Obama judges, and there is a better then even chance they will rull in Sullivan’s favor. Then it goes to the Supreme Court which slapped down the 9th Circus for essentially the same thing Sullivan is doing, and that was a unanimous decision.
Flynn’s lawyer, Sidney Powell, successfully sought a writ of mandamus last month from the three-judge panel on the appellate court ordering Sullivan to toss the case. Writs of mandamus are unusual remedies that order government officials to take a certain action; they are appropriate when there has been a “usurpation of judicial power” that is “clear and indisputable,” Powell acknowledged.
Sullivan should have been removed from the case as soon as he accused General Sullivan of treason. That indicated that he was not going to listen to anything the defense might bring forward. Instead he is coming across as a judge who doesn’t care about the evidence showing the incredible levels of corruption by the DoJ and FBI under Obama to frame General Flynn and instead has decided he will railroad an innocent man into prison, come Hell or high water.
The circuit court’s panel decision ordering the dismissal of the case, Sullivan argued, was premature, and threatened to turn “mandamus into an ordinary litigation tool.”
“All the district court has done is ensure adversarial briefing and an opportunity to ask questions about a pending motion,” Sullivan’s motion reads. “Outside the panel opinion, those actions have not been considered inappropriate—much less an extreme separation-of-powers violation justifying mandamus.”
The problem for Sullivan is that both the defense attorney and the Department of Justice agree that the case should be dismissed.
“This Court should issue a writ of mandamus compelling dismissal,” the DOJ wrote in a filing signed by Solicitor General Noel Francisco last month, who ordinarily represents the government before the Supreme Court. Francisco’s imprimatur was significant, and indicated the DOJ was taking Sullivan’s actions seriously.
I would think so. Emmett Sullivan is crossing many lines in his desire to slam General Flynn into prison. I have a suspicion that he fully intends to go beyond the maximum sentence if he can. His attempt to continue the prosecution also flies in the face of the Constitution, which he was, allegedly, sworn to uphold.
“Under Articles II and III of the Constitution, the power to prosecute belongs to the Executive, not the Judiciary,” the government continued. “Federal Rule of Criminal Procedure 48, read against the backdrop of that constitutional principle, required the district court to grant the government’s motion to dismiss the indictment with prejudice because that motion was unopposed.” That rule of procedure states: “The government may, with leave of court, dismiss an indictment, information, or complaint.”
There is a lot of legal mumbo jumbo in the article and I’m not going to bore you with that. The simple fact of the matter is that the case against General Flynn was rigged by Obama and his minions at the DoJ. On top of that, you have a corrupt prosecutor and Flynn’s original defense team appears to have been actively aiding the government in getting Flynn convicted. All of this information should have been found by them long ago. Instead, they looted Flynn, bankrupting him and convinced him to plead guilty to a crime he didn’t commit.
The DOJ, Sidney Powell, Flynn’s attorney, said, had ample reason to seek the dismissal of Flynn’s case, in light of newly released exculpatory information. “Now additional facts have established he was not interviewed for a legitimate purpose, and therefore any statements he made were not ‘material’ under 18 U.S.C. §1001, the Government justly believes that he is not guilty of any crime,” Powell wrote in a filing last month.
When the Justice Department removes the original prosecutor from not just this case, but from several others, then states that they believe the defendant is innocent, that should be all the sitting judge needs to hear. That Emmett Sullivan is still trying to put Flynn in prison tells you all you need to know about his impartiality. There isn’t any.
Sullivan is the definition of a “Black Robed Tyrant.” It’s people like him who are the real threat to the rule of law in this country, much like the acting District Attorney Mike Nifong and his eventual disbarment. Once this case is completed, and it should have been ended months ago, Sullivan needs to be removed from the bench. Failing that, he should be reassigned to cases that he can’t do any real damage. Frankly, he needs to be made an example of and impeached in the house and convicted in the senate, then stripped of all his benefits.
Thatisall
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