Posted on 06/02/2020 3:00:09 PM PDT by Libloather
The Justice Department on Monday, June 1 filed a brief urging the Court of Appeals for the D.C. Circuit to force district court judge Emmet Sullivan to dismiss the prosecution of former national security adviser Michael Flynn. That move came after the Justice Department moved to drop a charge against Flynn, who previously pled guilty to lying to the FBI about his contacts with Russia’s ambassador, and Sullivan declined to immediately abandon the case.
In their brief on Monday, the Justice Department said Sullivan was wrong to seek outside input by appointing an amicus curiae to argue against dismissal and wrong to consider additional criminal charges. Judge Sullivan also submitted a brief on Monday outlining his rationale for not immediately dropping the charge.
You can read the brief here and below:
(Excerpt) Read more at lawfareblog.com ...
Why in the world would Sullivan hire a lawyer to file his brief?
Sullivan’s actions are bizarre. It’s as if he’s being coerced.
II. The District Court Erred When, Instead Of Granting The Motion To Dismiss, It Entered An Order Appointing An Amicus Curiae And Contemplating Its Own Prosecution
A. False statements in a plea colloquy or motion to withdraw are not contempt under 18 U.S.C. § 401
B. Even if petitioner committed criminal contempt, the authority to prosecute him would lie with the U.S. Attorney, not the district court
III. A Writ Of Mandamus Is Appropriate And Necessary Relief In Light Of The District Court’s Unprecedented Order
The short version: Judge Sullivan is FOS and should be slapped.
They must delay until November.
I read it and it makes perfect sense to this non-lawyers eyes.
lawfare is the lowest leftest scum on earth. Do not give them the clicks.
https://www.scribd.com/document/463960617/DOJ-Flynn-Response
Everything must be locked-down, burnt't down or broke until then.
thx for short version
what is fos? i looked up and there are over hundred possibilities.
Executive branch prosecutes, not judicial branch. Judicial branch tries the case and the law itself (esp. a jury operating with Judicial).
What you might say about an unopened bag of manure.
If Sullivan is allowed to continue with his madness Flynn will be pardoned by Trump. I suspect Flynn has lots to say. Right now he is under a gag order and his Atty. is telling hom to be quiet.
full of sh!t
The Hack Judge hired a white woman to write his response.
Sullivan was too stupid to write his own response.
He thinks LAW is what he says it is.
I pray the Appeals Court bit** slaps him hard.
It’s pretty clear that Mandamus must be granted.
I disagree. I think the higher court will slap down Sullivan fairly hard. They will likely remove him from the case. It is not just that the case is corrupt but the issues relating to the case raised are so serious that the higher court realizes that allowing Sullivan to continue, much less do what he wants, would destroy the court structure completely. The higher ups don't want that on their records.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.