Emmet Sullivan
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n Wednesday’s overruling of District Judge Emmet Sullivan by the D.C. Circuit Court of Appeals, Sullivan was ordered to accept the Justice Department’s motion to dismiss the case against former national security adviser Michael Flynn.

President Trump instantaneously tweeted “Great! Appeals Court Upholds Justice Departments Request To Drop Criminal Case Against General Michael Flynn!” DOJ spokeswoman Kerri Kupec tweeted “WIN in General Flynn’s case. DC Circuit has ruled 2-1, instructing Judge Sullivan to grant DOJ’s motion to dismiss the case.”

In a legal debacle that has been ongoing for over two years, it began with Special counsel Robert Mueller charging Flynn on one count of lying to federal investigators in 2017. Finally coming to an end, the three-judge Court ruled 2-1 granting Flynn’s motion to overrule Judge Sullivan.

Authoring the Court opinion was Trump-appointee Judge Neomi Rao. “A hearing cannot be used as an occasion to superintend the prosecution’s charging decisions, because ‘authority over criminal charging decisions resides fundamentally with the Executive, without the involvement of – and without oversight, power in – the Judiciary,” writes Rao.

Although the Court denied the request made by Flynn’s attorneys to have Judge Sullivan reassigned off the case, the decision says, “Each of our three co-equal branches should be encouraged to self-correct when it errs. If evidence comes to light calling into question the integrity or purpose of an underlying criminal investigation, the Executive Branch must have the authority to decide that further prosecution is not in the interest of justice.”

Judge Robert Wilkins was the dissenting opinion, disagreeing with a Court’s overruling ability. “It is a great irony that, in finding the District Court to have exceeded its jurisdiction, this Court so grievously oversteps its own,” writes Wilkins. “This appears to be the first time that we have issued a writ of mandamus to compel a district court to rule in a particular manner on a motion without first giving the lower court a reasonable opportunity to issue its own ruling; the first time any court has held that a district court must grant ‘leave of court’…without even holding a hearing on the merits of the motion.”

15 Comments

  1. While the result is what’s important, the dissent by Wilkins is a reminder that there are many judges that look to legislate from the bench rather than uphold the law, Wilkins being the lastest example. The guy played the race card during the hearing, a clear indication that he was not an objective arbiter, but rather a politician in a judge’s robe.

  2. another affirmative action hired judge ?

  3. Appointed by Clinton, I report, you decide.

  4. The case isn’t over until it’s dismissed in court. Given Judge Emmet Sullivan’s past actions, he may not be ready to do that yet…

  5. Emmet Sullivan needs to be disbarred, he is an embarrassment and has disgraced himself and family…

  6. Very true. What I find to be a “great irony” is that he appears to be more concerned with the merits of the lower courts motion, than he is the merits of the case. Sad.

  7. If Sullivan goes one step further on this, it is really going to look like someone got to him.

  8. I hope to one day meet “judge” Sullivan on the streets of Wasbington DC. My size 12 foot will be happy to meet his crotch!

  9. I agree; there should be “consequences” for poor performance of a judge; not just firing, but indictment for misusing the legal system, and penalties. He has put a “figurative knee on the neck” of Flynn. Judges should not be immune to incorrect actions. They are not “above the law” Dis-barment is not enough.

  10. Maybe the lesson that Flynn is going to learn is stay away from these overseas “deals” with the Turks and all the other lowlife connections he was making in Europe and other places to try to make a buck. Go write your book, take the advance and retire. As for Emmitt Sullivan, he should be censured or whatever other action can be taken against him, while clawing back any expenses related to this charade against his salary and pension.

  11. Its about time for General Flynn to be able to start litigation AGAINST the “REAL CRIMINALS” In our GOVERNMENT. They have tried to destroy an honorable man simply because of their HATRED of TRUMP. THEY ALL NEED TO BE ARRESTED AND PROSECUTED FOR THEIR CRIMINAL DEEDS.

  12. Well….. If Sullivan wasn’t violating the Constitution in the first place the Writ wouldn’t be needed. At some point the integrity of the rule of law must correct or it isn’t rule of law. It’s just anarchy. No thank you…. #Seattlesucks

  13. Of course, they told him they would go after his kid if he did not plead guilty. After they told him he did not need a lawyer… Kangaroo court, and obola said get him “by the book” about 20 times

  14. Now that “judge” Sullivan has been exposed as a BIASED and PREDJUDICED “judge,” hopelessly biased toward the Deep State and 0bama, how can he possibly sit in judgement of anyone or anything? The mans has ZERO integrity and any “judgement” of his must be examined with close scrutiny!

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