Michael Flynn
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L

egendary criminal defense attorney Clarence Darrow once observed: “There is no such thing as justice — in or out of court.” U.S. District Judge Emmett Sullivan has proved Darrow correct.

Sullivan, who presides over what the Justice Department now admits was the wrongful prosecution of President Trump’s former National Security Adviser Michael Flynn, refuses to dismiss the case despite an outstanding order from a higher court to do so.

Sullivan seems determined to send an innocent man to prison — evidence and the law be damned. Judges like Sullivan led Darrow to conclude that the illusive pursuit of justice in an American courtroom is a “horrible business.”

Exhibit A in support of Darrow’s thesis is the latest lawless action by Sullivan. Having been directed last month by a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia to dismiss the false statements charge against Flynn — a retired Army three-star general — Sullivan continues to defy the higher court.

Flynn has been the victim of a shameful injustice

On Thursday, through his attorney Beth Wilkinson, Sullivan filed a petition demanding that the entire appeals court rehear the matter in what is known as an “en banc” review.

Sullivan has no legal right to make such a request. Under the law, he has no standing to protest the original order and seek a rehearing.

In our system of justice, the right of review extends only to the litigants themselves — defendants, plaintiffs, and in certain circumstances prosecutors. This is well established.

Judges, who are supposed to be neutral arbiters, can contest nothing from a higher court. But Sullivan has proven to be anything but neutral. His biased conduct and demonstrated animosity toward Flynn is a disgrace to the bench.

Federal courts have consistently held that “it is procedurally improper for a district judge to enter an appearance in an appeal … whether as a party, intervenor, or amicus.” (Ligon v. City of New York, 736, F.3d 166, 2013). This is so because “a district judge has no legal interest in a case or its outcome, and, consequently suffers no legal injury.”

In other words, it is the role of a judge to dispense due process, not receive it. A judge serves as a disinterested adjudicator, not a self-interested party.

The only time a judge can enter an appearance during an appeal is if the higher court invites or orders the judge to do so. The full circuit court has not done this.

Sullivan is now insinuating himself further into the appellate process, which only underscores his conspicuous lack of impartiality. He has abdicated his ethical responsibilities to follow the law and to decide cases fairly, without favor or prejudice.

Sullivan’s new challenge of a higher court order is an audacious affront to judicial authority. As the 9th U.S. Circuit Court of Appeals explained in another case: “In the scheme of the federal judicial system, the district court is required to follow and implement our decisions just as we are oath- and duty-bound to follow the decisions and mandates of the United States Supreme Court.” (Real v. Yagman, 484 U.S. 963, 108 S.Ct.450, 98 L.Ed.2d 390, 1987).

With no legal right to contest the existing order from the D.C. Circuit Court, Sullivan must abide by it.

The case against Michael Flynn should never have been brought by Special Counsel Robert Mueller’s team of partisan prosecutors. Flynn committed no crimes.

The FBI under then-Director James Comey had no legal or legitimate reason to even interview Flynn.

Recently revealed exculpatory documents — deliberately concealed by unscrupulous prosecutors — show that Flynn was set-up and framed with false accusations. Then, under a torrent of threats and duress (as well as bad advice from his prior conflicted counsel), Flynn was coerced into a guilty plea. The record is replete with proof.

None of this appears to matter to Sullivan. Instead of punishing the unconscionable government actors who fabricated the case against Flynn, Sullivan has proposed that he might manufacture a new charge of perjury contempt against the defendant.

Why? Because Flynn had the temerity to proclaim his innocence and seek to withdraw his plea.

Sullivan represents the antithesis of an objective and honorable jurist. He is a rogue judge with an agenda.

By unilaterally pursuing a case that prosecutors decided to drop, Sullivan has usurped the power of the executive branch of government and blatantly violated the separation of powers. Sullivan now wants a “do-over” on the hearing he previously lost.

On Friday the circuit court gave Flynn’s lawyers 10 days to respond to Sullivan’s petition for a rehearing and also granted the Justice Department the right to file a brief if it so chooses. Both will argue that Sullivan has exceeded his authority and that his petition lacks a procedural basis recognized by law.

In the end, The D.C. Circuit Court should reject Sullivan’s bid for a new hearing, if for no other reason than he had no right to request it. It should then issue a supplemental order giving Sullivan five days to comply with its initial directive to dismiss the case.

If the judge continues to obstruct the appellate court, he should be held in contempt and/or face proceedings for his own removal.

Flynn has been the victim of a shameful injustice at the hands of Comey’s confederates and Mueller’s ensemble of unprincipled prosecutors. The harm has been compounded by Sullivan’s contumacy.

Whereas judges are impelled to respect the law, Sullivan seems to hold it in contempt. His continued presence on the bench only serves to undermine confidence in our system of justice and fidelity to the rule of law.

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48 Comments

  1. Agreed. But the fact is he does need a pardon, he’s a victim of a rogue judge, which is just what a pardon is meant for.

  2. Its already a civil war and all we do is get arrested and give up our guns.

  3. How can the department of justice allow this jackass to remain on the bench!

  4. Why don’t we just cut to the chase and make Judge Sullivan KING Sullivan?

  5. If you are left, the only thing that matters is your bigoted, hateful, extremist, vile worldview. Facts are inconvenient, and justice? ANATHEMA.

  6. Perverting the course of justice. Prosecute. Now.

  7. This case just goes to show how completely OWNED the Federal Judges are by the Deep State. What they have on people like Judge Sullivan must be career ending or even life ending stuff. He is acting insane and totally beyond ANY reasonable persons interest in this case.

    Flynn was at a minimum tricked into a compromising position and intimidated to plead guilty with the threats to his son. How is this Judge even allowed to sit for one more day on a federal bench. Investigate his background and bet you will find a Jeff Epstein type of blackmail scheme. Either that or he is totally off his rocker. Federal Administrative Judge should conduct al inquire into his mental fitness to serve.

  8. CUT him out like a CANCER

  9. Time that Judge Sullivan is REMOVED. This is just another Politically motivated defiant act. These appear to be common and consistent with anything that involves or may involve our President. It’s nauseating. Corruption and bias run deep. Hope ALL AMERICANS ARE PAYING CLOSE ATTENTION TO THIS AND SO MANY OTHER EXAMPLES. The Democrats are trying to do anything they can to screw our country up, truly believing if they accomplish that, people will switch and vote them into instead of out of office. FAT CHANCE IF THAT HAPPENING. Even though the Democrat leadership believes we’re all stupid, WE’RE NOT THAT STUPID… WE SEE RIGHT THROUGH ALL OF YOU! Let’s send a message not just to the phony democrats and their fake msm partners, but to the entire country and the whole world that our great nation is not for sale…. Every PATRIOTIC AMERICAN CITIZEN STANDS TOGETHER AND COME ELECTION DAY IN NOVEMBER, OUR GREAT NATION AND THE WORLD WILL HAVE NO DOUBT- PRESIDENT TRUMP WILL BE RE-ELECTED IN GREATEST LANDSLIDE EVER AND REPUBLICANS WILL WIN BACK THE HOUSE AND INCREASE THEIR HOLD ON THE SENATE…. the benefit to all of us will be seen over the next FOUR YEARS… So get out and vote REPUBLICAN ACROSS THE BOARD! We must get our country back on track and put an end, once and for all to this tyranny, this relentless attempt to remove our duly elected President. Then we can grow and grow and prosper and live peacefully together with respect and dignity for every single AMERICAN CITIZEN! ❤️🇺🇸🙏

  10. Stop with the race B $. Sullivan is part of the Swamp and is doing everything he can to delay — delay — delay!

  11. That is exactly right. I have a strange feeling that Sullivan got a personal call from someone. This is just too damn strange.

  12. What is this crap? The courts have given their decision, this should have already been put to bed. Get rid of this stinking judge. He is breaking the law. PUT HIM IN JAIL.

  13. Will this be enough to get him booted from the bench!? It’s an undeniable overreach of his powers, it’s blatantly political and he is ignoring a court order, right? Can he not lose his right to be a judge for such flagrant disregard of a higher court? At what point can the plug be pulled on a rogue judge?

  14. Superbly stated!!!!

    Sullivan is a compromised judge beholden to the deep state after [they] disappeared his son’s violation of a very young girl. That case was buried and it shouldn’t have.

  15. In the Banana Republic that you still call the USA, only anarchy and corruption would obtain a AAA. Lt. Cols and Gens are openly opposing the Commander in Chief. Prosecutors and judges are corrupt, biased and accomplices in political mischief, 99% of the politicians are ignoring their electors’ volition, the mobs are terrorizing the streets whilst FBI and cops are kneeling to the blm brats. A criminal gang of jews have taken control of the country with the blessing of the greedy and power thirsty gentry, more interested to achieve their NWO ambitions than the welbeing of the nation. Did I forget something to convince you that you have become a corrupt, powerless nothing?

  16. Where do you think to find a non-corrupt judge and prosecutor to pronounce the sentencing of the first looter? To find a judge ready to charge Sullivan or Hillary you need a miracle that’s too much even for Lourdes’ sanctuary…

  17. The Dems love impeachment, that’s the way to manage a corrupt Judge.

  18. Sullivan a Hussein judge. Lawless.

  19. Q+ sent me. Sullivan is a criminal. #FreeFlynn

  20. He is a niqqer, just like Hussein.

  21. That vile hate is uncalled for. Leave the gutter to the Leftists.

  22. Why are you (Gregg Jarrett) the only one observing and reporting this? Justice is not served by allowing rogue performance on the bench! Where is the ‘Bar’ association? Asleep at the wheel? Afraid to get off their butt and act? Hypnotized by Harvard and Yale’s academics? Is the US committed to accepting this person for his remaining life? Disgusting profession that tolerates this.

  23. Unbelievable that this judge is acting like a party to the case and appealing. Hope the appeals court acts quickly to deny it and include an order that the case be reassigned to a new judge.

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