June 2, 2020 By Andrea Widburg
It was highly unusual for the D.C. Circuit Court of Appeals to order Judge Emmett Sullivan to explain his refusal to grant General Michael Flynn’s motion to dismiss. That made it easy to miss that it also allowed the Department of Justice the right to file a brief supporting its petition.
Sullivan filed his pathetic and dishonest brief on Monday.
The DOJ’s brief, however, is filled with devastating facts and entirely on-point legal authority. What makes it even more compelling is its front page, which is weighted with the names of big guns. The DOJ is taking this matter very seriously.
You have to see the names on the DOJ’s brief to appreciate just how many people in the DOJ are paying very close attention to Flynn’s petition. (You can read the brief
here.)
According to Sean Davis, having this many heavy-hitters on an appellate brief is almost unheard of:...........
The legal arguments are straightforward: Under Art. II of the Constitution, the executive branch has the sole power to determine whether to prosecute a case. The judicial branch may not directly interfere with this discretion. Nor may a judge attempt to act as a prosecutor by bringing criminal charges against any party............To Read More....
Showing posts with label Judge Emmet G. Sullivan. Show all posts
Showing posts with label Judge Emmet G. Sullivan. Show all posts
Tuesday, June 2, 2020
Judge Sullivan ripped the judicial mask off, and what's behind it is ugly
June 2, 2020 By Andrea Widburg
General Michael Flynn filed a Petition for Writ of Mandate requesting that the Court of Appeals for the D.C. Circuit order Judge Emmett Sullivan to dismiss Flynn’s case, in the face of Sullivan's refusal to do so. On Monday, as the appellate court requested, both Judge Sullivan and the Department of Justice filed briefs defending their positions. Sullivan’s was a disaster.
The fact that Judge Sullivan even had to file a brief is unusual. In the ordinary situation, while a writ of mandate requests an order that a judge do or undo something, the “real party in interest” is the party who sides with the judge’s original position. That party writes the brief.
In this case, however, both parties are on the same side, and the judge stands opposite them. The appellate court, therefore, ordered the judge to file a brief defending his position..........The brief boils down to one argument: Judge Sullivan believes that Flynn’s a bad guy and Sullivan wants to keep the case alive (something he has no constitutional authority to do), presumably until Biden is elected and appoints a new Attorney General.
The lawyers who wrote this partisan nonsense should be embarrassed............ To Read More...
General Michael Flynn filed a Petition for Writ of Mandate requesting that the Court of Appeals for the D.C. Circuit order Judge Emmett Sullivan to dismiss Flynn’s case, in the face of Sullivan's refusal to do so. On Monday, as the appellate court requested, both Judge Sullivan and the Department of Justice filed briefs defending their positions. Sullivan’s was a disaster.
The fact that Judge Sullivan even had to file a brief is unusual. In the ordinary situation, while a writ of mandate requests an order that a judge do or undo something, the “real party in interest” is the party who sides with the judge’s original position. That party writes the brief.
In this case, however, both parties are on the same side, and the judge stands opposite them. The appellate court, therefore, ordered the judge to file a brief defending his position..........The brief boils down to one argument: Judge Sullivan believes that Flynn’s a bad guy and Sullivan wants to keep the case alive (something he has no constitutional authority to do), presumably until Biden is elected and appoints a new Attorney General.
The lawyers who wrote this partisan nonsense should be embarrassed............ To Read More...
Thursday, December 20, 2018
Flynn sentencing hearing devolved into a fiasco
December 19, 2018 By Thomas Lifson
It was a bad day all around yesterday in Judge Emmet Sullivan's courtroom. Bad for General Flynn, bad for Judge Sullivan, and bad for the prosecutors from Robert Mueller's Special Counsel's Office (SCO).
The Washington Post exults that "Trump backers just had their anti-Mueller hopes and dreams dashed" in the wake of yesterday's sentencing hearing for General Michael Flynn. Judge Emmet Sullivan not only failed to throw out the case against Flynn for lying to the FBI, but he threatened incarceration for the general, despite the recommendation of the SCO for no prison time.............To Read More
My Take - This second article will fill in even more, but one this is clear. This is a real can of worms. And someone needs to go to jail, and it isn't Flynn or any other member of his family.
It was a bad day all around yesterday in Judge Emmet Sullivan's courtroom. Bad for General Flynn, bad for Judge Sullivan, and bad for the prosecutors from Robert Mueller's Special Counsel's Office (SCO).
The Washington Post exults that "Trump backers just had their anti-Mueller hopes and dreams dashed" in the wake of yesterday's sentencing hearing for General Michael Flynn. Judge Emmet Sullivan not only failed to throw out the case against Flynn for lying to the FBI, but he threatened incarceration for the general, despite the recommendation of the SCO for no prison time.............To Read More
My Take - This second article will fill in even more, but one this is clear. This is a real can of worms. And someone needs to go to jail, and it isn't Flynn or any other member of his family.
Sullivan's Travails
Judge Emmett Sullivan does not like Robert Mueller. Who does
By
William L. Gensert
December 20, 2018
Judge
Emmet G. Sullivan was the judge in the Ted Stevens case. Stevens was
the 85-year-old Republican senator from Alaska whose conviction for corruption
was set aside by Judge Sullivan because of investigative and prosecutorial
abuse. Prosecutors falsely charged and convicted a sitting U.S.
senator whom they knew was innocent. It is believed that because of
Stevens's October conviction, he lost his November re-election bid to
Democratic challenger Mark Begich.
Judge
Sullivan angrily stated when he set aside the conviction a month later that,
"In nearly 25 years on the bench, I've never seen anything approaching the
mishandling and misconduct that I've seen in this case."
Judge
Sullivan also appointed an independent counsel to investigate misconduct by the
government investigators (Mueller’s FBI) and prosecutors. That IC, Henry
F. Schuelke, III, concluded, "The investigation and prosecution of U.S.
Senator Ted Stevens were permeated by the systematic concealment of significant
exculpatory evidence which would have independently corroborated [his] defense
and his testimony, and seriously damaged the testimony and credibility of the
government's key witness." And, "It should go without saying
that neither Judge Sullivan, nor any District Judge, should have to order the
Government to comply with its constitutional obligations.”………..To Read More…..
My Take - Yesterday, because it appeared as if this Judge turned on Flynn, I wondered if he had been gotten to. The history cited here suggests otherwise. Flynn is prepared to sacrifice himself for his family to end the financial and emotional abuse by Mueller and his mob. Not to mention any legal abuses he might still try throw up against Flynn's son.
It's time someone paid the penalty for this outrageous action by Mueller and his mob. Mueller, Comey, Brennan, Clapper, and a host of others have committed real crimes while in office, including what used to be considered a serious crime - perjury! It's time for Mueller and this whole organized criminal enterprise to face justice, and then go to jail!
If what's happening here isn't worthy of a RICO investigation, what is?
Wednesday, December 19, 2018
Judge postpones sentence for Michael Flynn after blasting his conduct: 'Arguably, you sold your country out!'
Saying he could not hide his “disgust,” a federal judge publicly excoriated Michael Flynn, President Trump’s first national security advisor, on Tuesday before unexpectedly postponing his sentencing for lying to the FBI. U.S. District Judge Emmet G. Sullivan ripped into the retired three-star Army general for lying about his contacts with the Russian ambassador to Washington shortly after the 2016 election — and for secretly working as a lobbyist for a foreign government during the campaign and the presidential transition.........To Read More.....
My Take - I'm amazed at this turn of events. All the evidence points to corruption on the part of the FBI, and it looked like the judge could see that is what the real story was......but now..... all of a sudden he turns like a snake about to bite.
Below are yesterday's commentaries I posted on this issue, and I'm sure the judge has access to far more demonstrating the corruption of the FBI, Comey and Mueller on this issue. Yet Flynn is being further disgraced.
Did someone get to him? Something stinks in Denmark here.
My Take - I'm amazed at this turn of events. All the evidence points to corruption on the part of the FBI, and it looked like the judge could see that is what the real story was......but now..... all of a sudden he turns like a snake about to bite.
Below are yesterday's commentaries I posted on this issue, and I'm sure the judge has access to far more demonstrating the corruption of the FBI, Comey and Mueller on this issue. Yet Flynn is being further disgraced.
Did someone get to him? Something stinks in Denmark here.
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