Rogue Judge Sullivan
There’s no end to the tormenting of Michael Flynn — but a writ of mandamus from the Justice Department should put a stop to it.
by Jed Babbin
May 17, 2020, 3:33 PM
Emmet Sullivan, the U.S. District Court judge presiding over the Michael Flynn criminal trial, has delayed ruling on the Justice Department’s motion to dismiss all charges against Flynn in order to get a third party’s views.
Sullivan’s action is unconstitutional, cruel, and an enormous abuse of his judicial power.
A federal criminal case has only two parties, the defendant and the federal prosecutors, for very fundamental reasons. The enforcement of federal law is a function of only the executive branch under Article 2 of the Constitution. The Federal Rules of Civil Procedure enable some interested parties to intervene to protect their interests in civil cases. There is no analogous provision in the Federal Rules of Criminal Procedure, again, because the prosecutor stands for all the public and its interests.
Sullivan has appointed former U.S. district court judge John Gleeson to oppose the Justice Department’s motion to dismiss and, reportedly, to argue that Sullivan should hold Flynn guilty of perjury for falsely confessing to crimes he didn’t commit. That is unconstitutional under the controlling precedents because it violates the Separation of Powers doctrine of constitutional law which mandates that the power of one branch of government cannot be seized and used by another branch.
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https://spectator.org/rogue-judge-sullivan/
