LegalPolitics

Flynn judge wrong to allow anti-Trump former Watergate prosecutors to interfere in case

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t’s a sure sign of desperation whenever lawyers try to raise President Richard Milhous Nixon from the dead.

And so it is that a group of former Watergate special prosecutors this week resurrected the Ghost of Watergate Past in a last-ditch effort to keep alive the federal court case against former National Security Adviser Michael Flynn.

The gang, adopting the sobriquet “Watergate Prosecutors,” asked permission from U.S. District Judge Emmet Sullivan to allow them to intervene in the Flynn case so they can – to put it bluntly – tell his honor how to think and what to do.

The judge issued an order Tuesday indicating he will soon accept “amicus curiae” (“friend of the court”) submissions in the case.

But in trial court proceedings involving crimes, only prosecutors and defense attorneys are permitted to be heard. Judges are supposed to render decisions based on evidence and arguments presented by the parties involved, not outside interests.

The prosecution of Flynn, a retired Army lieutenant general, has been on life-support since the Justice Department belatedly moved last week to dismiss charges against him. He was accused of making false statements to the FBI during an interview that was nothing more than a devious perjury trap designed to “get Flynn to lie.” The FBI was creating a crime, not investigating one.

A review ordered by Attorney General William Barr discovered that former FBI Director James Comey’s agents and Robert Mueller’s special counsel hit squad concealed vital exculpatory evidence from Flynn and his attorneys. The hidden documents showed that the retired lieutenant general did not lie to FBI agents, despite his coerced guilty plea under threat.

The former Watergate prosecutors now want to meddle in the Flynn proceedings like uninvited house guests. In a court filing, they compare Barr’s decision to drop the Flynn charge to “the Watergate scandal” and Nixon’s infamous “Saturday Night Massacre.” The analogy is as tortured as the late President Nixon’s soul.

Reading their “Statement of Interest” is a nauseating exercise in the hubris of war stories retold by old warriors prone to embellish.

Reading their “Statement of Interest” is a nauseating exercise in the hubris of war stories retold by old warriors prone to embellish. The former Watergate prosecutors imagine themselves as heroes who single-handedly salvaged democracy from the clutches of the demented Nixon. On that basis, they argue to the court, they are back to save the day.

I’m reminded of what Butch kept asking Sundance: “Who are those guys?” Good question.

The first name that pops out is Nick Akerman. He can be found on page 269 of my book “Witch Hunt: The Story of the Greatest Mass Delusion in American Political History.” He is one of the many media flamethrowers who constantly accused (without evidence) President Trump and his presidential campaign of colluding with Russia.

At one point on MSNBC (July 11, 2017), Akerman said the following about Donald Trump Jr. and his conversation with a Russian lawyer at Trump Tower: “There’s outright treason. I mean, there is no question that what he’s doing is giving aid and comfort to the enemy.”

No question? Really?

Forget that Akerman’s hyperbolic claim of treason had no remote application or support in the law. The president’s son was never charged with any offense because Special Counsel Mueller found no agreement or conspiracy to do anything illegal. But don’t let facts get in the way of a good story, Nick.

Another former Watergate prosecutor is Jill Wine-Banks, an MSNBC legal analyst who has a propensity to channel Nixon’s ghost at every turn. Earlier this year, she told Salon that “Trump is more dangerous than Nixon” and should be criminally indicted. On MSNBC, she declared that Trump is more of an “existential threat to democracy than Nixon.”

Richard Ben-Veniste is also a Watergate alum who has carved out a late-career as an inveterate Trump thumper. In a column for The Atlantic in 2017, he drew innumerable parallels between Nixon and Trump.

In the same publication the next year, Ben-Veniste accused Trump of going the “full Nixon on Mueller.” One gets the distinct impression that Ben-Veniste’s Trump-Nixon obsession belongs on a psychiatrist’s couch.

The 16 former Watergate prosecutors who are now determined to insert themselves into the Flynn case just happen to be the same lawyers (minus one) who penned a joint op-ed in the Washington Post on October 10, 2019, headlined “We investigated the Watergate scandal. We believe Trump should be impeached.” Of course, we know how that turned out.

But the point is this: these individuals are hyper-partisans who despise Trump but have convinced themselves that since they helped drive the demon Nixon from office 45 years ago they should now be given exalted status as super Trump-slayers.

This kind of prejudicial interference from outside forces has no place in a court of law. It makes a mockery of both fairness and impartiality.

Sadly, Judge Sullivan appears to have taken leave of his senses and decided to entertain the notion of allowing the former Watergate prosecutors to usurp the role of federal prosecutors. This resulted in his order Tuesday indicating he would permit “individuals and organizations” to file “amicus curiae” submissions.

Hours later, Flynn’s lawyer, Sidney Powell, filed a well-reasoned opposition argument that courts are not a forum for special interests. “The ‘Watergate Prosecutors’ have no special role and no authority whatsoever to insert themselves in this litigation on behalf of anyone,” she wrote.

Powell also pointed out that Sullivan rejected 24 previous attempts by parties to intervene in the Flynn case. In one of his prior refusals, the judge made this declarative statement: “The Federal Rules of Criminal Procedure do not provide for intervention by third parties in criminal cases. Options exist for a private citizen to express his views about matters of public interest, but the Court’s docket is not an available option.”

What has changed? Nothing. But Sullivan’s ruling may be a reflection of his own abiding prejudice. In a hearing last year, he all but accused Flynn of treason, only to retract his words after a recess. He seems to have a feeble grasp of the facts in this important case.

The former Watergate prosecutors should be denied the opportunity to pursue their biased agenda in a court of law. Flynn has been victimized enough by corrupt and dishonest government officials.

Let these former prosecutors resurrect the ghost of Richard Nixon in a more-friendly forum: the Trump-hating media. These media organizations are sure to roll out the welcome mat.

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18 Comments

  1. This judge is a idiot and should be thrown off the bench

  2. This judge is a flipping a**hole and surely KARMA will come back to bite him in the a**. Throw him off the bench, he’s been wishy washy thru this whole ordeal. Sorry B*st*Rd.

  3. What BS ! If DOJ dropped charges. Why is this judge doing anything ?

  4. Can someone answer how we get rid of these lawless judges??? Activist, partisans, incompetent, bought off, completely lacking any integrity!
    I’m so sick of these traitorous black robed monster’s! It’s worse than 2 tiered justice, it’s outright anarchy!

  5. The legal system today is of the lawyers, by the lawyers and for the lawyers. And guess who the judges are? Lawyers!!!

  6. These phony ex-Watergare prosecutors are desperate for that last dance in the spotlight. These has beens and some never were lawyers are so into the hate Trump scene that their judgment and intelligence has been compromised to the point of being non existent.

    Please spare us the parade of zombies and old time Nixon obsessed walking dead.
    This Judge for some reason has decided to allow a filing that would never be accepted by a rational and fair Judge. Guess he likes being overturned by higher Courts. This frame-up is as obvious as the meddling noses on those very ex-Watergate publicity seeking losers.

    Judge just might be allowing these people to make complete public fools of themselves. Their hubris and lack of balance is beyond reasonable and borders on dementia. Trump hatred seems to drive so many people into the foggy world of mental illness.

  7. This judge is ensane with hatred. He is starting to look as though he is grasping at straws, much like a little kid sitting in the dirt crying because he was called out.

  8. Simple Gen. Chang. Vote Republican.

  9. Judge Sullivan needs to be impeached and removed from the bench. He is a serious threat to the Republic!

  10. I believe Congress gives them their authority so it would be Congress to remove him from the bench. But, with the Dems controlling Congress that will never happen.

  11. Stalling to find a reason in all those briefs from his liberal pals to keep him in prison so he cannot disclose all that he knows that went on in the Obama administration which is what made him enemy #1 with Obama in the first place.

  12. And guess what the number one career of every Congressman and woman and Senator is before they got elected.

  13. I just read the Giuliani thinks Barr will charge Comey with Treason. I am so psyched!

  14. The Democrat leaders have too many idiots who believe all their LIES and PROPAGNDA and will always vote Democrat .. They’re so dumb they go to church and claim to worship God at the same time the party they support and vote for are murdering innocent babies in their killing clinics and promoting immorality…. And they really call themselves Christians and Reverends.. BLASPHEMY in the first degree.. They have a big surprise coming to them one day..

  15. All the rest of the TRAITORS must be charged with treason as well.. Attempting to OVERTHROW a Constitutionally elected president.. It doesn’t get any more serious than that..

  16. At least the Judge is not strangling General Flynn or hospitalizing him, or assaulting him in any other way, unlike how the British police treat straight white males, Complaints about which Perfidious Albion Judges have covered-up for Generations, in between the said Judges miss whiplash & rentboy sessions. It`s like legal system crimes are travelling by osmosis globally since Kissinger got to JFK.

  17. Target his wife also, as the dem cretins also targeted Trump`s wife.

  18. In the UK, unless you know all law & every law from the age of 12, you are subject to criminal prosecution.
    Of course, the one thing they never teach in schools…. is … something that could put many lawyer cretins out of work.

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