Posted on 05/24/2020 12:29:55 PM PDT by jazusamo
Former Acting Attorney General Matthew Whitaker reacted on Sunday Morning Futures to a federal appeals court directing the judge hearing the case against former National Security Adviser Michael Flynn to respond to a petition by Flynn for the charges against him to be thrown out.
There is no discretion of Judge [Emmet] Sullivan to not dismiss the case once the Department of Justice has decided to no longer pursue those charges, Whitaker said in an exclusive interview on Sunday Morning Futures.
I think ultimately its going to be a strange proceeding when the appeals court gets their filing from the judge, trying to defend his actions.
He went on to say that the case will be dismissed and the charges will no longer be held against him [Flynn].
Flynns attorney last week had filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking that the prosecution against Flynn be dismissed as the Justice Department has requested, and for Judge Sullivan to be taken off the case.
The order issued Thursday directs Sullivan to file a response by June 1, and invited the government to respond "in its discretion within the same 10-day period."
Writs of mandamus are extraordinary remedies, which are appropriate when there has been a "usurpation of judicial power" that is "clear and indisputable.
(Excerpt) Read more at foxnews.com ...
The W0n still has control of the DOJ, FBI and most of the intelligence community, as well a the judiciary. I think it’s already set up for Flynn to lose on all of this and get sentenced to about 3 years.
Is there anything credible behind the judges assertion of contempt? Isnt contempt itself a rather subjective thing to interpret? If a judge wants to believe you are being hostile, that could be contempt, right?
Thats right...thanks for reminding me. Ill rephrase it; I hope at some point there was a wire tap order issued for The Wons phones and they captured his call to Sullivan.
That is a very compelling argument. But I would ask why does the judge need someone else to determine if Flynn has acted in contempt of Judge Sullivan’s court? Sullivan either knows right now or he doesn’t. I would grant the writ because Sullivan appears to be jerking Flynn around at this point because of a personal animus.
What is that??
Thanks so much for helping Mrs. David Gregory.
I've never heard of a defendant who pled "not guilty" being charged after conviction with criminal contempt for simply having done so. Would Judge Sullivan have the burden of proving that Flynn believed that he was not guilty and the time that he pled "guilty"? Is the judge really intending to punish a man whose behavior was so misrepresented by the prosecution?
To me it is no wonder that the Appeals Court gave the judge just 10 days to make a case for not having the Circuit Court mandate a dismissal. Simply reversing the judge would make light of the judge's misconduct. As it is now, the judge may find himself accused of contempt if he fails to defer properly to the Circuit Court. This could be fun.
Interesting how far Sullivan is willing to go considering Trump is going to pardon him if he gets railroaded.
Whitaker is one of the good guys and the reason he’s no longer employed by the government. Very impressive and honorable man.
I totally agree, was very impressed with Whitaker.
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