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F

inally, a semblance of sanity has been restored to the law and Constitution in the misbegotten prosecution of former National Security Adviser Michael Flynn.

The U.S. Court of Appeals for the District Court of Columbia on Wednesday ordered the controversial lower court Judge, Emmet Sullivan, to follow the law by dismissing the false statements case wrongfully brought by the original federal prosecutors who were either incompetent or corrupt —maybe both.

As evidence emerged that Gen. Flynn was set-up and framed by malevolent actors at the FBI —fired Director James Comey, fired Assistant Director Andrew McCabe, and fired counterintelligence agent Peter Strzok— the Department of Justice (DOJ) moved to dismiss charges against Flynn a month ago.

If the retired three-star general can be faulted for anything, he is guilty of being human.  Under threats and duress (as well as bad advice from his prior conflicted counsel), Flynn pleaded guilty.

He caved in to the tactics of intimidation, coercion and bullying.  He should never have done so.  Flynn began to regret it, as evidence of his innocence materialized.  He then sought to withdraw his plea.  He had the absolute right to do so under the law.

Judge Sullivan inexplicably balked.  This precipitated a skilled legal effort by Flynn’s new and better attorney, Sidney Powell, to uncover the exculpatory evidence proving that her client should never have been charged with anything at all.

Notes concealed by the FBI and prosecutors showed that Flynn did not lie to bureau agents.  Instead, he was the victim of a politicized campaign by Comey, McCabe, and Strzok to falsely accuse and wrongfully convict him of a crime he never committed.  The bureau never had a legitimate reason to even interview Flynn because he had done nothing wrong and the FBI well knew it.

This is important because whatever Flynn said during his FBI interview was “material” to nothing.  In a false statements case (18 U.S.C. 1001), “materiality” is an essential element of the crime.  Hence, the new prosecutors in the Flynn case soon realized they could not possibly have won the case.  Not only did Flynn tell the truth, according to the only witnesses involved, but his remarks were immaterial to an illegitimate investigation.

Flynn’s conversations with the Russian Ambassador to the U.S. during the presidential transition in December of 2016 were perfectly legal and quite normal for incoming administrations.  No matter.  Top FBI officials targeted Trump’s newly-selected National Security Adviser by inventing a clever pretext.  They lied and deceived their way into the interview with Flynn by resurrecting (and exploiting) a moribund and unconstitutional law called the Logan Act, which had been collecting copious dust mites in the museum of fallowed statutes.

Recently, thanks to the intrepid work of Flynn’s new lawyer Sidney Powell, the DOJ decided to review what had happened.  The truth behind a disgraceful injustice was discovered —belatedly.  A new prosecutor was appointed and promptly moved to dismiss the case because the previous prosecutors engaged in atrocious misconduct by suppressing evidence of innocence in violation of accepted standards of law and decency.

Again, Judge Sullivan balked.  Something was amiss.  At this point, it became clear that Sullivan was not a neutral or objective jurist dedicated to following the law.  He was a rogue judge with an agenda.  His decisions reeked of dead fish.

If Sullivan had an ounce of respect for the law, he would have explained that any decision to bring charges or drop them is solely an executive branch function.  He would have advised that he is not constitutionally permitted to countermand that decision without violating the fundamental principle of separation of powers.

In my last column I wrote: “Sullivan cannot conduct an inquisition into the decision-making or motives underlying the motion to dismiss.  Even if he disagrees with those reasons and believes they are unwise or incorrect, he is constitutionally powerless to force the government to proceed with its prosecution.”

Thankfully, the appellate court managed to read and comprehend simultaneously the established law.  In a 2 to 1 decision, the judges ordered Sullivan to approve the DOJ’s motion to dismiss the case against Flynn.  Sullivan’s signature is nothing more than a ministerial act.

Sullivan had no authority under the Constitution to usurp the power of a separate branch of government.  In simple terms, when the executive branch determines that the case is dropped, a judge cannot suddenly abdicate the bench, shed his robe, and appropriate by fiat the role of a prosecutor.  The D.C. Circuit Court could have issued their ruling in five simple words: “Stay In Your Lane, Sullivan.”

It’s anyone’s guess whether Judge Sullivan will grudgingly admit that he was wrong —flagrantly so.  After all, this is the same guy who falsely and preposterously accused Flynn of “treason” during a previous court hearing, then recanted when he realized (with prompting) that what he’d said was not just dumb, but anathema to the law governing treason.

All of this leads me to suspect that this judge’s grasp of the law is embarrassingly feeble.  His ability to recognize his own disqualifying bias is shamefully absent.

This, of course, invites the inexorable question: will Sullivan adhere to the instructions issued Wednesday by the higher court?  If he has a conscience or a scintilla of humility, he will follow the directive to dismiss the case.

As I have argued for the better part of three years, Gen. Michael Flynn committed no crime.  He was the victim of a gross miscarriage of justice.

The revered Supreme Court Justice Felix Frankfurter once wrote, “Wisdom too often never comes, and so one ought not to reject it merely because it comes late.”

It is too late for Flynn.  He incurred financial ruin defending himself and was forced to sell his home.  He has suffered incalculable damage.

If the case is dismissed as it should be, Flynn should immediately sue the very people and government that persecuted him under the pretense of a legitimate prosecution.  What happened to this courageous man who served his country selflessly with great distinction, should never happen again to anyone.

Flynn deserves rich compensation for a life and legacy that has been ruined by odious characters such as Comey, McCabe, and Strzok.

He is also deserving of an apology.  Fat chance he’ll ever get it.

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51 Comments

  1. THAT’S why ALL those liars should be locked up. Can RICO Statutes be used against them?

  2. Hey it was 2-1 so one judge is a complete moron who believes a lower court can investigate the DOJ and has power over the Executive Branch. Pretty radical.

  3. And the members of the House of Representatives should be made to pay back the taxpayers of the United States the money they spent on their witch hunts.

  4. I agree. I wish there was some way the people of America could make this happen. We are being destroyed by the House of Representatives, crooked left wing judges and dishonesty in the Democratic party.

  5. This Judge, should be thrown off the bench, its obvious that he has a bias, and that is not a part of Judicial justice. As an AMERICAN I feel that Judges like him have no place in OUR JUDICIAL SYSTEM. General Flynn has been dragged through the mud, his reputation shattered,he is financially ruined who will deliver to General Flynn the Justice he deserved on day one.

  6. The DEMOCRATIC PARTY is a CRIMINAL ENTERPRISE, they will lie, cheat and steal to achieve more POWER and if they ever get that POWER in the WHITE House we as a COUNTRY are DOOMED .

  7. They need to get him off the BENCH NOW.

  8. I certainly would like to know who these Judges are, and some not just Sullivan, sit up on the bench and you or I as AMERICANS could at any time face biased Judges like Sullivan who are able to DESTROY a person because of their bias. This is not only wrong it is CRIMINAL.

  9. You said what a lot of people feel about JUDGES, like SULLIVAN, sitting in his “ivory tower” with a bias, and able to DESTROY anyone who comes before him. I would like to see other cases that he presided over and look at his rulings.

  10. “His ability to recognize his own disqualifying bias is shamefully absent.l

    That is true with every Leftist Judge…no ethics.

  11. why is Sullivan still a judge?

  12. The Flynn Case “ain’t over, til it’s over.” General Flynn DID plead guilty to two counts of lying to the FBI, a process crime drummed-up by the FBI. Nonetheless, “judge” Sullivan has not dismissed the plea petition, and could still SENTENCE General FLynn on that guilty plea! Will he do so? Depends on his orders from 0bama! Would it fall apart? Of course, but this “judge” apparently is a loyal 0bama hack, has no common sense, or has joined “Dementia Joe” as NON COMPOS MENTIS.

  13. Obama wants to be all White? Martha’s Vineyard? He is a sickening ghetto fraud who stole into our White House and should be arrested for fraud and as a foreign agent.

  14. SIGNING “ANY” legal document under duress negates the validity of that document. ALSO, there is a small matter of entrapment and coercion.
    when he gets through suing the fed and all of the weasel FBI “operatives’ he should be whole as far as his bank accounts go. TRUMP needs to hire him and make him the head of the FBI or A SPECIAL ASSISTANT to the POTUS for intelligence matters, at LEAST.

  15. MUELLER’s $40,000,000 fishing operation for starters. Shiff can you borrow $40 mill form your in law George Soros.

  16. Crooked Judges like Sullivan should be punished for misdeeds, not protected from consequences. When a Judge is wrong, he should be financially punished.

  17. Consequences! How novel these days! Well said Hy!

  18. Don’t forget the anti-Trump Republican establishment.

  19. General Flynn deserves the Medal of Honor; I pray justice comes swiftly upon the politicians-Obama on down who have plagued all decent voters and Americans. May true justice prevail.

  20. I don’t know about the Medal of Honor, but AMEN to everything else.

  21. This is so right. IF and when the case against Flynn is dismissed, he should file a suit to recover all losses and more. The people who falsely accused and charged him should be required to personally pay the settlement for their criminal actions. The federal government must not pay the entire bill for them. Every person involved including Comey, Strzok, McCabe and even higher up the chain of command to Obama should all be required to personally repay Flynn for their criminal acts.

  22. He’s a part of the two tier justice system in this country.

  23. Has there ever been a GoFundMe account set up for Flynn? The Dems appear to use this system to “pay” their false witnesses. Blassey Ford raked in over $1 million for her testifying against Justice Kavanaugh. I read a report that the so-called whistle blower that started the impeachment process also received quite a large sum for a GoFundMe account that was set up to fund his lawyers’ (legal) fees. The new get rich quick scheme is to allow the Dems to use you for false accusations against the President and his team and you get lots of money from them through GoFundMe.

  24. The Democrat party is the most immoral corrupt political party in USA history.

  25. I, personally, am so captivated by the Gen Flynn story.
    The Legal Abuse, the Corrupt Judiciary System, the deliberate intent to RUIN a Human Being, Man’s Inhumanity to Man, and there is little that can be done on a Grand Scale to correct these wrongs.

    We Don’t concern ourselves with the Law or Truth.
    And we Don’t concern ourselves with the 10 Commandments either.

    America. Pray for her.

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