Posted on 05/14/2020 9:56:22 AM PDT by catnipman
U.S. District Court Judge Emmet Sullivan disregarded two controlling precedents from higher courts with his decision to appoint John Gleeson as amicus curiae in the U.S. v. Michael Flynn case this week. Judicial conduct similar to J. Sullivans in these prior, far less politically charged cases was roundly and unanimously condemned by Justice Ruth Bader Ginsburg.
...
One week ago, the U.S. Supreme Court issued a 9-0 decision, authored by Justice Ginsburg, that took judges to task for similar amicus antics. Her opinion for the Court in U.S. v. Sineneng-Smith upbraided the U.S. Court of Appeals for the Ninth Circuit for violating a basic aspect of legal proceedings called the party presentation principle. In a nutshell, this concept dictates that judges must decide the case as presented by the parties before them. They are not to go out questing for dragons to slay (or issues to tackle) that the parties have not brought before them. As J. Ginsburg put it: [C]ourts are essentially passive instruments of government
They do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.
(Excerpt) Read more at forbes.com ...
That gag order on General Michael Flynn is there for a reason.
Oba-maumau must be soiling himself over what Flynn is going to say when he's out from under the thumb of this corrupt POS "judge".
FOS: Friends Of Soetoro
We all need to be sure to explain this simply and clearly to the people around us who only see what they are shown. If anybody has the time to generate a simple, clear point-by point presentation of what happened here, it might help the rest of us do our job. It has to be stripped down enough to be remembered and described clearly and quickly.
Collusive corruption of conspirators concerned with maintenance of the Russia lies
There's a GoFundMe for Flynn. I just contributed. If anyone deserves a little help, its him.
If Flynn’s attorneys truly care about justice in America, they should be handling this historic case pro bono.
Even if they are going forward, the guy’s buried in accumulated expenses. No harm in offering a helping hand, drop in the bucket though it may be.
Correct me if I'm wrong. But it's disingenuous to convict someone of purjury for following through on a plea deal in the first place (people plead guilty to things they didn't do all...the ... time to avoid big sentences, that's standard procedure for federal charges) but to convict him for withdrawing it after the government tricked him into making it is just wrong. Period.
DOJ (executive branch) has supremacy on this matter. Previous SC cases and DOJ regulations supports this. Sullivan can’t simply extend the case into overtime when told to lawfully stop.
DOJ informed the court, based upon exculpatory evidence and FBI records, that the case against Flynn was without merit and corrupt. Right now, the prosecution has left the building and Sullivan is alone.
Sullivan can’t say “it’s not over until I say so”!!! It’s not his authority to be a defacto prosecutor, especially when the DOJ dismisses the case.
Also, the SC issued a recent 9-0 decision stating that Amicus can not be used as a de-facto “outsourcing of the court” (especially in criminal matters). You have three parts (Judge/Def/Pro) to the trial and that’s it.
Amicus has it’s place but in the Flynn case it does not.
Also, DOJ can petition the Appeals Court (right now if they wish) to issue a “mandamus” (sp?) request asking the court to order Sullivan to stop the Amicus and to dismiss the case/plea.
Was Sullivan forced to commit this legal atrocity? I really doubt he came up with this himself.
Wheres Flynns military foxhole buddies helping him out? Perhaps they are. Cant imagine they are not.
Possibly time to impeach the judge.
A non-lawful judge (common in USSA); a renegade; a traitor; a demon fueled monster.
Like I’ve said many times
Whole lotta judges out there that could use a good dragging down a rocky road behind an American made pick em up truck.
so how is barr going to get the bad guys to court out of the district of corruption?
You are 100% correct, especially when the deal is reached under duress.
To even begin to call this moronic jackazz a “judge” is outrageous. A 5-year old could do better.
Wonder what Mark Levin is saying about this.
It wouldn’t surprise me if Sidney Powell is working pro bono or reduced rates combined with exclusivity in book rights.
She’s going to right another best seller when this is finally over.
President Trump’s best hope is to install more judges who will judge according to the law and judicial standards.
Sullivan is very likely to get himself kicked off the case. That would be a start, especially if he is “retired” and replaced by a decent judge.
He just made another obviously prejudiced move in requesting Flynn’s past attorneys to appear in his court.
Unless he intends to burn their butts, which is highly unlikely, he intends in some manner to use them against Flynn.. We will have to wait and see.
But it is already settled that once the DOJ declines to prosecute, the case is over. So everything he is doing now will go against him as a judge and make his replacement more likely.
Sullivan’s actions are that of a prosecutor and persecutor - not a judge.
Surely he knows he cannot win with this extrajudicial ploy. However he can get airtime and controversy for the media to work with.
This is not a legal action or a legal decision. This is a propaganda action and decision.
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