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Michael Flynn Judge Fights to Keep Case Alive

8 posts in this topic

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D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- drawing immediate scrutiny and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case.

Sullivan's order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipated that "individuals and organizations" will file briefs "for the benefit of the court," as he prepares to rule on the government's motion to dismiss the case.

"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," independent journalist Michael Cernovich wrote on Twitter Tuesday evening. "This is a violation of the judicial oath and applicable ethical rules. We will be filing a complaint against Sullivan. ... [He] is acting as a politician, not a judge."

Sullivan had previously held in the Flynn case that "[o]ptions exist for a private citizen to express his views about matters of public interest, but the Court's docket is not an available option.":snip:

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Federal Judge in Michael Flynn Case Appoints Judge to Argue Against Dismissal

Federal Judge Emmet G. Sullivan late Wednesday issued a stunning ruling in the prosecution of Michael Flynn, President Donald Trump‘s former National Security Advisor.  The two-pronged order (1) appoints a former federal judge to argue against dismissing the case; and (2) considers holding Flynn in criminal contempt for perjury.

“Upon consideration of the entire record in this case, it is hereby ORDERED that the Court exercises its inherent authority to appoint The Honorable John Gleeson (Ret.) as amicus curiae to present arguments in opposition to the government’s Motion to Dismiss,” the judge wrote.  “t is further ORDERED that amicus curiae shall address whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury pursuant to 18 U.S.C. § 401, Federal Rule of Criminal Procedure 42, the Court’s inherent authority, and any other applicable statutes, rules, or controlling law.”:snip:

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Retired Judge Who Will Argue Against Michael Flynn Said Case ‘Reeks of Improper Political Influence’

The retired federal judge who was appointed Wednesday to argue that Michael Flynn should be held in criminal contempt of court for changing his guilty plea published an op-ed in the Washington Post Monday criticizing the Trump administration.

Retired Judge John Gleeson was appointed by Judge Emmet Sullivan, who is presiding over the Flynn case, both to oppose the Department of Justice motion to drop the case and to argue Sullivan should begin proceedings to hold Flynn in contempt.:snip:

 

 

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Flynn’s lawyer files petition for writ of mandamus

Paul Mirengoff

May 19, 2020

Sidney Powell, Michael Flynn’s lawyer in the criminal case against him, has filed a Writ of Mandamus to the United States District Court for the District of Columbia. The petition asks the D.C. Circuit to issue an order directing the district court to grant the Justice Department’s motion to dismiss its case against Gen. Flynn. It also asks that the district court be ordered to vacate its order appointing amicus curiae in the case and that the case be reassigned to another district judge for any further proceedings.

I speculated here about the prospects for succeeding with such a petition at this stage of the proceedings before Judge Sullivan. It seemed to me that the prospects aren’t good because Sullivan hasn’t yet ruled on the government’s motion to dismiss. I hope I’m wrong.

The petition Powell filed on Gen. Flynn’s behalf does not mince words. Here are the key passages regarding dismissal of the case against Flynn:

(Snip)

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Judge Sullivan ordered to respond to Flynn mandamus petition

Paul Mirengoff

May 21, 2020

The U.S. Court of Appeals for the D.C. Circuit has ordered Judge Sullivan to respond within ten days to the petition for a writ of mandamus filed by Michael Flynn. I discussed and quoted from the petition here.

The court also “invites” the government “to respond in its discretion within the same ten-day period.”

Flynn was fortunate to draw the panel he did. It consists of Karen LeCraft Henderson, a Bush 41 appointee, Naomi Rao, a Trump appointee, and Robert Wilkins, who was appointed by Obama.

(Snip)

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