In a totally transparent delaying tactic in the Flynn case, Sullivan issued an order requiring the government to "authenticate" FBI documents that that were mistakenly scanned without removing "sticky" notes bearing dates. The government has already explained what happened, and indeed it was totally obvious:
Just more delaying tactics from Judge Sullivan. The unfortunate fact is that this stall campaign has worked. It’s all down to the election now whether Flynn goes free https://t.co/d6Rig0y8ph
— Undercover Huber (@JohnWHuber) October 23, 2020
BREAKING: @GenFlynn case. I'm old enough, and yet young enough, to remember when Special Counsel & holdovers misrepresented AUTHOR of notes to Judge Sullivan and he shrugged! pic.twitter.com/LMO0NuyMZT
— Margot Cleveland (@ProfMJCleveland) October 23, 2020
A commenter on UCHuber's thread noted:
He’s trying to force @realDonaldTrump‘s hand - make him issue a pardon so the dismissal motion becomes moot.
IMO: Not gonna happen. Flynn, with Powell's support, will go to the SCOTUS if that's what it takes to get the dismissal with prejudice. At some point along the way some judge will ream Sullivan a new one for disgracing the federal courts in this way. OTOH, even if Sullivan folds and grants the government's motion as written, Powell and Flynn--and probably Trump--will have plenty to say. I'd like to say Barr will, too. IMO, DoJ has a duty to speak up about judicial miscarriages and unconstitutional trespassing on executive authorities.
"with Powell's support, will go to the SCOTUS....
ReplyDeleteDoJ has a duty to speak up about judicial miscarriages...."
Why haven't they done these things already?
What does Sullivan have to do, to clinch the case that he's a walking insult to justice?
Make a public speech calling for Flynn's waterboarding?
In Trump 2.0, he needs to declare war on the judiciary as well:
ReplyDelete---judges who are overturned by higher courts at a certain rate or above should be removed
split or combine some districts and decentralize from the usual big city spots
---initiate mass recall and impeachments
---consider term limit amendment or other means of citizen removal. I know in my state, every ballot has "retain or not" questions on a bunch of judges no one has heard of. At major national levels this might actually matter. I always vote to NOT retain, regardless of not knowing a darn thing about any of them - ON PRINCIPLE.
Sullivan is both trying force a pardon and hoping that Trump loses and the new DoJ will withdraw the dismissal motion and argue to uphold the guilty plea. That would, of course, bring a SCOTUS case for certain- is the government motion of now reversible, or is doing so a violation of double jeopardy?
ReplyDeleteWhat he's contemplating is dismissing WITHOUT prejudice, meaning a new DoJ could elect to prosecute.
DeleteJudge Sullivan, in my opinion, is doing more lasting harm to the Republic that 8 years of Obama. To convince so many Americans that justice is strictly a function of politics disconnects them, permanently, from what some style "the idea of America".
ReplyDeleteTom S.
And, tragically, he was enabled by the DC circuit.
DeleteAgree, Mark, on all points. In the last oral hearing, Sullivan asked Powell whether she talked with POTUS about Flynn & if so what they talked about. The questions were completely inappropriate. Surprise, right? Anyway, after fumbling for a bit over executive privilege, Powell replied that she conveyed Flynn's request that Trump NOT pardon Flynn. Sullivan will wait until after the election to issue his decision. If Trump wins, he'll dismiss without prejudice; if Biden wins, he'll keep delaying the matter until a new AG is installed.
ReplyDeleteI'd like this to go to the SCOTUS and see new Justice Amy write an opinion for the ages.
DeleteIf Sullivan dismisses w/o prejudice, I hope Flynn appeals to SCOTUS. Everything Powell has submitted thus far, collectively, is devastating.
DeleteAs for Sullivan, he's exhibited such unprecedented judicial malfeasance that one might hope it would also result in an order to the DC Circuit to review his fitness to serve.
Likewise. I have not the slightest doubt that Powell has done research on such an appeal. I believe it would be groundbreaking.
DeleteSullivan screwed up big time when he mentioned the name Eric, as in Eric Holder.
DeleteRob S
I'm not a mind-reader. so this is only speculation. I think that Sullivan thinks:
ReplyDelete"If I fight the Americans to the bitter end, I'll be handsomely rewarded and nothing bad will happen to me. The news media will call me a hero, I'll get a sinecure at some think tank, and I'll get plenty of money under the table. But if I show any hesitation, I'll become a risk, and that leads to bad outcomes. Therefore, I'd better fight to the bitter end."
So far, he's seen no evidence to contradict that line of reasoning. None of us has. Maybe there's a lot going on behind the scenes. I don't know.
I can't believe that he hasn't received a variety of signals on what to do.
DeleteI'm sure he has, but his puppet masters are telling him to ignore them.
DeleteI think Sullivan has had numerous improper ex parte contacts with the former DOJ prosecutors and Flynn's former Covington attorneys. I refuse to call them defense attorneys because they sold Flynn out.
Evidence that contradicts it: Many of the statements he's made from the bench show his complete lack of understanding the law, the facts, precedent, or what sinecure means, or almost anything else. More likely explanation: someone he and Eric Holder knows tells him what to do at some lunch or breakfast place, and he says 'yes, sir."
DeleteSullivan doesn't lack an understanding of the; he's intentionally ignoring what the law requires him to do.
DeleteFar too many judges do the same all over the country.
The Big Picture.
ReplyDeleteCongress is broken, re the phony impeachment of Trump, the Judiciary is broken, re Sullivan and all the District Court judges usurping Executive authority unilaterally from the bench, and the DOJ/FBI is broken, re the attempted coup against a duly elected president and the ongoing coverup of Deep State corruption and criminality.
Taken together, that is a pretty BIG set of problems. Can Trump tackle and overcome this crime wave on his own? Is Barr part of the problem or the solution? If these problems cannot be solved in DC, then what next?
What is being done to Flynn is cruel and unusual punishment; which would matter is anyone in DC still actually cared about the Constitution.
Nothing I can disagree with--and that's pretty sad.
DeleteTime to dust off the ole declaration of independence (do go read, what a awesome document) and ready up version 2.0.
ReplyDeleteI can not see a means of "fixing" our government beyond a total reset. It's gone too far, too long.
Its bad everywhere. Salem Massachusetts appeared to be a ghost town, today. Thank you Charlie Baker.
ReplyDeleteFYI: "The Plot Against the President" documentary film, based on Lee Smith's book by the same title, now on Amazon Prime Video.
ReplyDeleteWatched it today--well done and worthwhile, whether you read the book or not.
I've strongly recommended it here a couple times myself. Watching it also makes the whole story more understandable for friends, etc. who have not been as immersed in this as some of us have.
DeleteIt may sound absurd, but is it possible Sullivan has hit a wall? It would explain his hauling Gleeson in as a surrogate. With his public statements and biased editorial, he was far beyond an amicus in this amateur's mind. I thought he was a sign of Sullivan weakness. Is it possible Sullivan can't find his way out of the mess he has created?
ReplyDeleteNo. All he has to do is sign off on the government's motion and he's out of the mess. Very simple.
DeleteWhat Sullivan is doing is nonsense, but it is contrived nonsense. He is pulling his oar with a will and in time.
DeleteTom S.
When not giving the finger to Flynn and Trump, he uses the other hand to flip off Trump again ..,
ReplyDelete“ A federal judge on Tuesday night ordered the U.S. Postal Service to reverse limitations on mail collection imposed by Trump-backed Postmaster General Louis DeJoy, giving the agency until Wednesday morning to inform workers of the court's changes as more mail-in ballots continue to flood in.”
That judge is Sullivan!
https://www.politico.com/news/2020/10/27/postal-service-mail-collection-433112