Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

SULLIVAN APPOINTS RETIRED JUDGE TO CONTEST DOJ’S MOTION TO DISMISS FLYNN CASE
Powerline ^ | May 13,2020 | PAUL MIRENGOFF

Posted on 05/13/2020 7:14:45 PM PDT by Hojczyk

Before becoming a judge, Gleeson was an Assistant United States Attorney for the Eastern District of New York. In that capacity, he worked closely with Andrew Weissman, perhaps the most hardcore Trump hater on Robert Mueller’s defunct team of Trump haters.

Sullivan plainly has it in for Michael Flynn. In addition, I gather, he wants to show William Barr who’s the boss.

I believe the Constitution makes Barr the boss when it comes to deciding whom the United States will prosecute and for how long. The imperial Judge Sullivan can’t seem to accept this reality.

It may fall to a higher court to drive the reality home. Or it may fall to President Trump to undo Sullivan’s hard, desperate work.

How did Sullivan come to select Judge Gleeson? Gleeson co-wrote an op-ed in the Washington Post attacking the DOJ’s motion to dismiss.

Consider that piece an audition for the job Sullivan has now given Gleeson. The title of the op-ed, “The Flynn case isn’t over until the judge says it’s over,” appealing as it must have been to Judge Sullivan, probably ensured the audition would be successful.

Who is John Gleeson? He’s a lefty judge appointed by President Clinton. Gleeson was a critic of mandatory minimum sentencing before it became fashionable for a certain kind of conservative to take that stance. According to Wikipedia, Gleeson “[went] so far as to request federal prosecutors [to] vacate convictions he had been forced to impose” by law.

(Excerpt) Read more at powerlineblog.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: bloggers; dcccircuit; dirtyjudgesullivan; emmetsullivan; emmettsullivan; johngleeson; judiciary; michaelflynn; mikeflynn; politicaljudiciary; powerlineblog; rapinbilljudge
Navigation: use the links below to view more comments.
first 1-2021-25 next last

1 posted on 05/13/2020 7:14:45 PM PDT by Hojczyk
[ Post Reply | Private Reply | View Replies]

To: Hojczyk

Yeah, you really can’t do what Sullivan is doing.

The threat of contempt against Flynn for now saying he’s innocent, is an obviously inappropriate form of coercion to try and prevent Flynn from asserting his innocence.

The DOJ has acknowledged prosecutor misconduct. Under these circumstances, Flynn retracting his guilty plea is completely understandable.

And bringing in some third party who already has declared their opinion, to sort of continue prosecuting Flynn, smacks of third world goonish corruption.

And I don’t choose those words lightly. The judge and I think those behind him, are lashing out wildly to keep Flynn a convicted criminal by any means possible.

If this stuff stands, yeah we don’t have a free country or valid justice system any longer.


2 posted on 05/13/2020 7:22:23 PM PDT by Williams (Stop Tolerating The Intolerant)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hojczyk

Sullivan is an activist partisan Judge. You can’t expect any different from him. If there is a way to jail Flynn he will do it.


3 posted on 05/13/2020 7:23:28 PM PDT by Anti-Bubba182
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hojczyk

It seems like even a day going by without this stinking POS making me angrier.

It was bad enough when they were doing it bureaucratically because they simply enjoyed abusing power because...well...they COULD.

But this Leftist Judge has shown he has a vendetta for General Flynn, why, maybe simply because he is a Leftist. Or he is embarrassed or annoyed at being backed into a corner.

So this is even worse than the bureaucratic persecution because in addition to the personal animus, it even further erodes any confidence people may have in our judicial systems to do the right thing.


4 posted on 05/13/2020 7:24:18 PM PDT by rlmorel (The Coronavirus itself will not burn down humanity. But we may burn ourselves down to be rid of it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Williams

They are trying to protect Andrew Weissman.

The corruption has Andrew Weissman’s MO all over it.


5 posted on 05/13/2020 7:25:07 PM PDT by tired&retired (Blessings)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Anti-Bubba182

“Judge” Sullivan is the traitor who deserves imprisonment.


6 posted on 05/13/2020 7:25:23 PM PDT by chris37 (China's Gift wasn't born in a bowl of bat soup.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Williams

You said it well.


7 posted on 05/13/2020 7:25:24 PM PDT by rlmorel (The Coronavirus itself will not burn down humanity. But we may burn ourselves down to be rid of it.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Hojczyk

The easiest thing in the world would be for Sullivan to just end this.

He could say some nasty things while ending it to keep up his allegiance to the Democrats.

This is somebody telling Sullivan what to do.

And that somebody is scared to death.


8 posted on 05/13/2020 7:30:05 PM PDT by blueunicorn6 ("A crack shot and a good dancer”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tired&retired

Gleeson once worked with (and allegedly supervised) Mueller prosecutor Andrew Weissmann.

Curious if Gleeson and Weissman have talked recently.


9 posted on 05/13/2020 7:30:42 PM PDT by Bigtigermike
[ Post Reply | Private Reply | To 5 | View Replies]

To: Hojczyk

Sullivan has denied amicus briefings 24 times before, until this case....now, suddenly he’s allowing them...and, now, he’s appointing this Clinton flacky Judge, to contest DOJs recommendation.

Trying to push Trump to pardon the good General...as if that would be an election year misstep.

At this point....Americans want Gen Flynn exonerated and free of this witch hunt entrapment.


10 posted on 05/13/2020 7:31:26 PM PDT by Jane Long (Praise God, from whom ALL blessings flow.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: chris37

““Judge” Sullivan is the traitor who deserves imprisonment.”

Maybe he deserves worse.


11 posted on 05/13/2020 7:36:01 PM PDT by vladimir998 ( Apparently I'm still living in your head rent free. At least now it isn't empty.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Hojczyk

Gleeson earned his fame by helping to convict John Gotti in 1992. I remember his girly face.


12 posted on 05/13/2020 7:37:57 PM PDT by Amberdawn
[ Post Reply | Private Reply | To 1 | View Replies]

To: Anti-Bubba182

Why didn’t Sullivan just deny the motions to withdraw the guilty plea — and then sentence Flynn?


13 posted on 05/13/2020 7:38:33 PM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
[ Post Reply | Private Reply | To 3 | View Replies]

To: vladimir998

Maybe.

What does one do when a federal judge becomes one’s stalker?


14 posted on 05/13/2020 7:45:44 PM PDT by chris37 (China's Gift wasn't born in a bowl of bat soup.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: chris37

Terrorist Law
Fiat Judge


15 posted on 05/13/2020 8:03:05 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Williams
I would be amazed if it stands. Sullivan is bucking for removal from the case.

Let's see...Sullivan and whoever, or Barr and Powell...I know where my money will be.

16 posted on 05/13/2020 8:10:10 PM PDT by gogeo (It isn't just time to open America up again: It's time to be America again.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Hojczyk

Unfortunately for Judge Sullivan, there is a DC Circuit decision that is binding on him and requires him to grant the motion to dismiss.

Sol Weisenberg, the Raleigh NC based attorney who appears on the Laura Ingraham show, discussed this tonight. The case is styled United States v. Fokker Services B.V., 818 F.3d 733 (D. C. Cir. 2016). The opinion was written by Circuit Judge Sri Srinavasan, an Obama appointee; the other two members of the panel were both Reagan appointees and currently have “senior” status, Laurence Silberman and David Sentelle. Here is the link in case you would like to read this:

https://law.justia.com/cases/federal/appellate-courts/cadc/15-3016/15-3016-2016-04-05.html

I’ll bet you that the former US District Judge Gleason who stuck his nose into this case and is Sullivan’s court appointed “amicus curiae” will be heading for the exits once he reads this case.

The only reason the judge can lawfully invoke to deny the government’s motion to dismiss is if the defendant objects to the government’s motion, which is definitely not the case here. Also, if the judge denies the government’s motion to dismiss, the defendant has a remedy at the DC Circuit, and that is to file a petition for the issuance of a writ of mandamus, which if granted, will order Sullivan to dismiss the case.

Fokker is interesting in how law can become a double-edged sword. Here, an Obama judge wrote about how the executive branch (controlled at the time by B. Hussein Obama II) basically holds all the cards in a criminal prosecution, and the judge’s role is essentially ministerial in nature, with no right to demand that the case be prosecuted.


17 posted on 05/13/2020 8:18:56 PM PDT by nd76
[ Post Reply | Private Reply | To 1 | View Replies]

To: gogeo

On Laura Ingraham tonight, Saul quoted the following case to state that Sullivan can’t continue the case.

United States v. Fokker Servs. B.V. - 422 U.S. App. D.C. 65, 818 F.3d 733 (2016)


18 posted on 05/13/2020 8:19:43 PM PDT by tired&retired (Blessings)
[ Post Reply | Private Reply | To 16 | View Replies]

To: tired&retired

Saul Wisenberg


19 posted on 05/13/2020 8:22:24 PM PDT by tired&retired (Blessings)
[ Post Reply | Private Reply | To 18 | View Replies]

To: nd76

Excellent summary


20 posted on 05/13/2020 8:24:05 PM PDT by tired&retired (Blessings)
[ Post Reply | Private Reply | To 17 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-25 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson