With Election Looming, Judge Sullivan Will Drag Out the Flynn Case
By Andrew C. McCarthy
September 1, 2020 4:52 PM
There are many words one might use to describe Judge Emmett Sullivan. Chastened is not one of them.
Yesterday, in an en banc (full court) ruling that went 8–2 in Judge Sullivan’s favor, the D.C. Circuit Court of Appeals declined to order him to grant the Justice Department’s motion to dismiss the prosecution of Michael Flynn. (I have a column on the homepage about the Circuit’s decision.) Today, Sullivan has reacted by issuing an order that contemplates several more weeks of litigation before he resolves the motion — a very simple motion, on which he was previously prepared to hold a hearing in mid-July (which itself was a dawdling pace).
The judge is clearly taking the Circuit’s decision as vindication, particularly after the two judges in the minority (Republican appointees on a heavily Democratic court) initially ruled that a writ of mandamus should issue. That prior ruling was wiped out, at Sullivan’s urging, by the en banc decision.
It was probably too much to hope that Judge Sullivan would take solace in yesterday’s victory, get back to work, and make his ruling on the dismissal motion. Moving quickly would have been consistent with the Circuit’s stated expectation, in the last line of its majority opinion, that the district judge “proceed with appropriate dispatch.â€
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https://www.nationalreview.com/corner/with-election-looming-judge-sullivan-will-drag-out-the-flynn-case/
