Editorial of The New York Sun September 2, 2020
What’s the best move for President Trump in the
fight for a just outcome in the case against General Michael Flynn? The
question has become acute in the wake of Monday’s ruling by the full
District of Columbia Circuit. It overruled an order that would have
forced the district court to dismiss the case against the general. The
circuit opened the door to an investigation of the Justice Department by
the district court itself.
This puts Mr. Trump in an excruciating spot. Does he unsheathe the
pardon to clear the general, letting the Devil take the hindmost? The
pardon is recommended by one of the greatest constitutional tribunals in
the country, the editorial board of the Wall Street Journal. Or does
the Justice Department file in the Supreme Court an emergency petition
for a summary reversal of the ruling against Flynn?
Our instinct — it’s only such — is that Mr. Trump would be wise first
to try the Supreme Court. For there is an issue here that doesn’t
involve Mr. Flynn’s culpability. Rather, it’s that the court is seeking
to exercise power where — because prosecution and defense agree — a case
and controversy is lacking. If courts were able to act without a
dispute, they could exercise dictatorial power.
The D.C. Circuit has just brushed aside those objections over its own
panel and ignored its own precedent. So why shouldn’t Attorney General
Barr and the Solicitor General file with the Supreme Court an emergency
petition for summary reversal? Such a reversal, according to
Scotusblog.com, is issued when the Nine “grants certiorari in a case and
overturns the opinion below without written briefs or oral argument on
the merits.”............To Read More.....
My Take -I've said two things about the federal judiciary over and over again, and this Flynn case exemplifies how valid these two things are.
- The federal judiciary is filled with political hacks.
- The Constitution needs a 28th Amendment to put age and term limits on these political activists masquerading as dispensers of justice and law.
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