Status Update on Flynn Case, Judge’s Activist Attacks on Trump’s Tweets Could Prevent Justice for Flynn
Tuesday was a court hearing involving the United States vrs. Michael Flynn that has been a long and winding road, that has become a very strange tale of a Judge Emmet Sullivan, who appears to created himself as a victim of Flynn’s who many in the public see is really a proxy for President Donald J. Trump.
“When Michael Flynn walks into court today for his final sentencing hearing, a lifetime of respected national service will hang in the balance on what is said and what occurs. I am not speaking of Flynn but of District Court Judge Emmet Sullivan…,” Johnathon Turly, noted Public Law expert, wrote.
Some people feel that Sullivan is refusing to follow the guidelines of the Department of Justice for dropping the case against Flynn, and that makes him an activist judge, especially after the humiliating corruption by Robert Mueller the Special Counsel team, who originally brought the case.
Going in to the case, watchers were still unsure of the motivation of Sullivan, in trying to predict how he would rule Tuesday.
Tuesday’s hearing was focusing on two issues, Prosecutorial abuse and whether the court should deny the government leave to dismiss.
Mueller’s team has been accused of misconduct, so the question of many was why, if the Special Counsel team, who brought the case is corrupt, how is someone who pled “guilty” to get a lesser charge in the corrupt case, after the case has been dismissed by prosecutors, still being dragged through the courts?
Because the judge is a part of the resistance against the President of the United States, perhaps? Or because the Judge was working his way through the process. Following court cases is difficult for laypeople and complex.
“Defense lawyer Sidney Powell will be joined in her request by Justice Department prosecutors, but she must convince U.S. District Judge Emmet Sullivan that the evidence warrants the dramatic dismissal of a case originally brought by Special Counsel Robert Mueller’s team.
Sullivan has solicited his own adversarial advice, ordering a report from a former federal judge in New York that recommended against dismissal on the grounds that DOJ’s decision to support dropping the charges was forced by President Trump’s badgering,” John Solomon reported.
Sullivan, at the hearing, talked a lot about the court’s right to investigate a dismissal by the DOJ, and whether the case is for “corrupt political purposes” under rule 48-A.
Kenneth Kohl, an AUSA in the US attorney’s office, began by disputing any allegation that the decision to dismiss the Flynn case was driven by improper political motives — it “was the right call for the right reasons”, taking absolute objection to that.
Some Court watchers said this was good, and one such person posted”Sullivan must rule that corrupt DOJ prosecutors can’t let a defendant go for corrupt political reasons. Then rule that DOJ is not dropping the case against Flynn for corrupt political reasons. This is how Flynn & Barr are exonerated!”
When it was Sidney Powell’s chance to speak Sullivan was rude, hasty and combative, rushing her along, interrupting her and disregarding her at some points.
Sulivan was struggling at times for a reason to not dismiss Flynn, while a representative of the DOJ spoke to him. Even people who had spoken of Sullivan at one time saw some very odd behavior by Sullivan at that time, that pointed to a two-year pattern of behavior against Flynn and Trump.
Johnathon Turley, a law professor at Georgetown wrote for the Hill on Tuesday and said, “There is no real question about the dismissal of Flynn’s charge of lying to federal investigators. The only question is whether, shortly before a presidential election, Sullivan will use the hearing as a forum for injudicious commentary.
In the case of Flynn, charged with a single count of lying to federal investigators. Such a charge ordinarily would result in a short sentencing hearing. Flynn fought the charge but, after exhausting his assets and facing a threat by prosecutors to target his son, he agreed to plead to one count.
Yet this is the third attempted sentencing for Flynn. What should have been a perfunctory hearing two years ago was derailed by Sullivan himself. Flynn and the prosecutors thought they would have a simple hearing and a likely sentence without jail time. After all, this was just one count, and Flynn pleaded guilty, then met with Mueller about 20 times as a cooperative witness. Moreover, we now know federal investigators at the time did not believe Flynn intentionally lied to them. Yet when Flynn went to court, he was given a tongue-lashing rather than a sentence.
Using the courtroom flag as a prop, Sullivan falsely accused Flynn of being “an unregistered agent of a foreign country while serving as the national security adviser to the president of the United States. Arguably, that undermines everything this flag over here stands for. Arguably, you sold your country out.” He even suggested Flynn should have been charged with treason, then suggested he might ignore any recommendations and send Flynn to jail: “I cannot assure you that if you proceed today, you will not receive a sentence of incarceration. … I’m not hiding my disgust, my disdain,” Turley, a lawyer who is very familiar with Sullivan, and thought very highly of Sullivan at one point, wrote on Tuesday.
Kohl made the point that career attorneys have made the recommendation to the judge to dismiss the case, so it was not recommended to dismiss on a political basis.
Numerous people on social media, including lawyers and people familiar with the court, were listening to the case and live-tweeting, who were noting that Sullivan is acting as an activist judge.
Sullivan continued to jab at Trump, over comments that he didn’t read, didn’t know how to find, but didn’t like. Sullivan talked about comments on Twitter. The Amicus said that he wanted Sullivan to put “A lot of weight to Trump’s tweets”, he said.
In other words, the Amicus wants Flynn punished, having his life destoyed and his family banrupted for Trump’s Tweets.
This story is developing…
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