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Judge Sullivan Disregards Two Controlling Precedents By Appointing Amicus In Flynn Case
Forbes ^ | 5/14/2020 | Mark Chenoweth

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. Sullivan’s 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 ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: amicus; amicusbriefs; corruptjudge; dccircuit; deepstate; dirtyjudgesullivan; emmetsullivan; flynn; ginsburg; johngleeson; judiciary; michaelflynn; mikeflynn; politicaljudiciary; rapinbilljudge; scotus; spygate; sullivan
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To: Menehune56
Deepstate judge just following orders.

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".

21 posted on 05/14/2020 10:34:18 AM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: aquila48
::::Amicus means friends. So who is this appointed ex judge friend of?::::

FOS: Friends Of Soetoro

22 posted on 05/14/2020 10:34:28 AM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: catnipman

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.


23 posted on 05/14/2020 10:36:27 AM PDT by _longranger81 (Speak up for those who cannot speak for themselves; defend the defenseless; care for the unloved.)
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To: _longranger81

Collusive corruption of conspirators concerned with maintenance of the Russia lies


24 posted on 05/14/2020 10:39:28 AM PDT by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: Consistent
... in the meantime, Flynn will have to pay his attorneys...

There's a GoFundMe for Flynn. I just contributed. If anyone deserves a little help, its him.

25 posted on 05/14/2020 10:45:02 AM PDT by Pearls Before Swine
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To: Pearls Before Swine; Consistent

If Flynn’s attorneys truly care about justice in America, they should be handling this historic case pro bono.


26 posted on 05/14/2020 10:55:13 AM PDT by JennysCool
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To: JennysCool

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.


27 posted on 05/14/2020 11:09:02 AM PDT by Pearls Before Swine
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To: Hulka
As I recall, the government offered him a plea deal: plead guilty and we won't pursue jail time. Then after he pleaded guilty they said 'sike! we are pursuing jail time! Hah hah hah, got ya!'. He moved to have his guilty plea withdrawn.

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.

28 posted on 05/14/2020 11:25:06 AM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: All

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.


29 posted on 05/14/2020 11:42:05 AM PDT by Desslok
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To: catnipman

Was Sullivan forced to commit this legal atrocity? I really doubt he came up with this himself.

Where’s Flynn’s military foxhole buddies helping him out? Perhaps they are. Can’t imagine they are not.


30 posted on 05/14/2020 11:44:12 AM PDT by mom.mom (...our flag was still there.)
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To: catnipman

Possibly time to impeach the judge.


31 posted on 05/14/2020 11:52:04 AM PDT by Robert357
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To: All

A non-lawful judge (common in USSA); a renegade; a traitor; a demon fueled monster.


32 posted on 05/14/2020 12:19:10 PM PDT by veracious (UN=OIC=Islam; USgov may be radically changed, just amend USConstitution)
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To: catnipman

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.


33 posted on 05/14/2020 12:48:14 PM PDT by Joe Boucher ( Molon Labe' Baby, Molon Labe)
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To: old curmudgeon

so how is barr going to get the bad guys to court out of the district of corruption?


34 posted on 05/14/2020 12:48:20 PM PDT by rolling_stone (tshf)
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To: pepsi_junkie

You are 100% correct, especially when the deal is reached under duress.


35 posted on 05/14/2020 1:53:28 PM PDT by Hulka
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To: catnipman

To even begin to call this moronic jackazz a “judge” is outrageous. A 5-year old could do better.


36 posted on 05/14/2020 2:35:42 PM PDT by lgjhn23 (Libs are a virus.....the DemoVirus!!)
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To: catnipman

Wonder what Mark Levin is saying about this.


37 posted on 05/14/2020 2:39:22 PM PDT by Yardstick
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To: Consistent

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.


38 posted on 05/14/2020 2:53:04 PM PDT by Valpal1
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To: rolling_stone

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.


39 posted on 05/14/2020 2:56:53 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: catnipman

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.


40 posted on 05/14/2020 3:16:21 PM PDT by Oregon Valkyrie (Truth, Justice, and the American Way! MAGA!)
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