Legal Insurrection: Appoints retired judge to argue in opposition to the DOJ motion to dismiss the case, and “amicus curiae shall address whether the Court
should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury …”
In my post last night, I suggested that Judge Emmett Sullivan likely was in the process of deciding who to appoint to argue the government’s (former) position as to whether DOJ would be permitted to drop the case, Judge in Michael Flynn case may allow ‘amicus’ briefs on whether to drop case – is there reason for freak out?
What would be less unusual is if Judge Sullivan appointed counsel to represent the government’s (former) interest, now that the government has changed it litigation posture. That happens approximately once per term in the Supreme Court, particularly where no party any longer is defending lower court decisions. In SEC v. Lucia, the Supreme Court “invited” a specific amicus counsel after the SEC switched its position, and there no longer was anyone in the case defending the lower court decision.
Here, the decision to drop a case post-guilty plea is highly controversial, so perhaps Sullivan feels the need to have SOMEONE argue against it since both the prosecution and defendant are on the same side. Sullivan may, in a sense, be conducting a beauty contest to decide who to appoint to argue the government’s (former) position.
In a worst case scenario, Sullivan doesn’t want to drop the case and is creating as much of a record as he can. It would ultimately be an act of futility, since Trump almost certainly would pardon Flynn in this scenario, but that might be the preferred path for Sullivan given his expressed disdain for Flynn. Make Trump do it.
And so it came to be. And then some. The judge went far beyond appointing someone to argue against dismissing the case. read more
It’s called “duress”. A situation so commonly seen when government prosecutors are involved it earned a name.
But not hold the prosecutor in contempt for lying about withholding exculpatory evidence. Yeah, that sounds fair.
Impeach Judge Sullivan.
What Lowell said.
The only thing this new scam is going to prove is that the FBI and the DOJ withheld evidence clearing him in the first place. I would call Comey and them as witnesses to the fact, since all the documents have been declassified and released.
Trump can still pardon him, or whatever.
Citizens considering hanging dumb ass judge from nearest tree.
Good luck getting rid of Sullivan. They. can probably suspend him for some kind of review, but they won’t get rid of him unless he feels ‘pressured’ to resign.
I wonder if Flynn’s attorneys can file a complaint for some kind of legal harassment.
Any government lawyers in the heezy?
@Lowell – I agree but this whole thing is more like ‘reaching’, or trying to grasp at straws, desperation.
@MJA – the idea is we do NOT want the pardon and DJT knows this, he and we want full exoneration. And yes the ‘motions’ and complaints are being filed as we ‘speak’.
Remember? We have Sydney Powell.
Yes, lets’ load up the system, the Court Swamp, like they did and do. This was The Traitor’s approach for 8 years, ‘you don’t like it? Sue me.’ For? Not following the law to begin with!
so, pleading ‘guilty’ is now considered perjury?
this is starting to look like a remake of Le Misérables
btw, the ‘judge’ appointed by Sullivan has already decided on Flynn’s guilt
https://twitter.com/Techno_Fog/status/1260713315426340864
A pile of talking dog puke.
Simple question: What is the perjury ‘charge’ told to us by The Traitor based on? Lying to the IBF? To Congress? Pure pablem and drivel. What Flynn said on a recorded conversation by the IBF?? While in a transitional US gubmint??
Gen. Flynn is not even being charged with the FARA which is what They REALLY wanted him on. The charges of ‘talking’ to a Russian Amb. are bullshit. This is DONE by officials at this time, all the time, and the Traitor and his collaborators know this. But they are so ‘smart’ they got caught.
The Traitor and Staff threatened Flynn in classic IBF fashion to get MFynn Jr. to plead guilty to violating FARA (Turkey I believe) charges.
I’m not on the Supreme Court but how the FUCK do you prosecute somebody without a prosecutor?
The ‘ELITES’ have placed themselves SOOOOO far above us plebes, they are more than confident that we are incapable of understanding what is truly happening in America, or more importantly, incapable of removing domestic enemies…
@ghost of brig gen j glover:
Best guess (semi-educated) is that Gen. Flynn swore under oath when he pleaded guilty, acknowledging that he committed the “crime” he was accused of. If you squint hard, you might imagine that withdrawing that sworn statement is equivalent to lying under oath. It isn’t, of course, especially if he was coerced into making the plea in the first place.
I think it’s way past time for these old liberal commie mofo judges to be put out to pasture…I hear GITMO is nice this time of year!
Next thing you know the FBI will beat a confession out of someone and, once it is proven that he did not commit the crime, charge him with lying to the FBI.
Has he been munching sphincters?
What about Obamacare tax, Obama said that it wasn’t a tax for the penalty and then him and Judge Roberts screwed us over because it WAS a tax. Thankfully Trump upended it. But the govt can lie to us but don’t dare lie to them!
How much is Soros paying you judge?
Soros got off easy. The boy only wanted a 2020 Cadillac Escalade ESV and a six-pack of purple drank.
I’m torn here.
No doubt Flynn was railroaded.
But he’s not innocent.
He did lie, and deny talking about sanctions relief with the Russky ambassador.
Why? What was he hiding? I don’t like it.
Being asked off the cuff questions about something that happened several months ago and not getting it right, after being told it was an informal chat and specifically being told he did not need a lawyer — with the implication he did not need to refer to notes — is not lying, especially when the agents directly involved did not feel he was lying and people not involved in the questioning later changed the records to make it appear as though he had lied.
And even if he was lying, murderers have been let off for less police and prosecutorial malfeasance than that.
Found this at Breitbart early this morning: “Supreme Court Ruled Unanimously Last Week Against Improper Use of Amicus Briefs; Relevant for Flynn Case”
Is our God Awesome or what? The only question I have is doesn’t the good judge Sullivan even keep up with SCOTUS rulings?
If he can get Biden over the finish line, he’ll be rewarded with RBG’s chair at the big table.
The French understood how to deal with such “judges.”
So did the Bolsheviks.
If the Senate had any balls, they’d begin impeachment proceedings.
(course, Hastings got elected to the House, so America didn’t gain much
maybe there’s a more permanent solution to traitors?)
izlamo delenda est …
the judge is flailing around
this will not stand up in higher courts
some one has his balls in her purse
IOTW glossary word for whats happening to Flynn
Flynn-quisition
Use it, BFH … and take full credit for it
Having experience as a prosecutor, I can say that this shitshow is totally unheard of; if the prosecutor wants to dismiss a case or is required to dismiss a case because it can’t be proven beyond a reasonable doubt, all the judge is really allowed to do is do it; if he wants to scorch someone he can do so in a statement prior to entering the order to dismiss. Flynn did enter a plea under oath, but entered his plea under oath while under duress….and that is another case of entrapment IMHO.
This judge had a reputation of doing the right thing as witnessed in the Ted Stevens case, and Brady violations are something that he is keen to punish the government over (and there are plenty of those in this case–enough so that Mueller’s pitbulls should be worried about contempt of court proceedings as they lied to the judge about their having turned it all over to the General).
This judge is a little too full of himself if you ask me.
https://thefederalist.com/2020/05/14/the-constitution-requires-judge-emmet-sullivans-lawless-amicus-order-against-michael-flynn-be-overturned/
Good article for the non-attorney to understand what a shitstorm Sullivan has created.
@govlawyer — The constitution requires a lot of things that aren’t enforced or are changed by activist judges (for just long enough to have their desired effect).
I believe this is more than Sullivan being too full of himself. The DNC must get Biden elected at any cost. He is the lynch pin keeping the wheels on their bus, re: Ukraine and Chinese, big dollar racketeering at the highest levels of U.S. gov’t.
An Affirmative Action Maggot pretending to be a “judge.”
What’s with the scrotum tickler under his mouth?
Not that there’s anything wrong with that.
izlamo delenda est …