In Michael Flynn case, Judge Sullivan's gross overreach turns justice into mob rule
The case against Micheal Flynn is abusive and should be dismissed, as the Justice Department requests. But Judge Emmet Sullivan has other ideas.
Jonathan Turley
The case of former national security adviser Michael Flynn is rapidly moving from the dubious to the preposterous. U.S. District Judge Emmet Sullivan is being widely applauded for resisting the dismissal of a case that the Department of Justice insists cannot be ethically maintained.
Faced with no dispute between the parties, Sullivan decided to create a contested case by inviting in third parties to create a conflict and now is suggesting that he may substitute his own criminal charge rather than let Flynn walk free. In the past, I have publicly praised Sullivan. However, this is fast becoming a case of gross judicial overreach as the court appears to assume both judicial and executive powers. Sullivan can disagree with the exercise of prosecutorial discretion, but he cannot substitute his own judgment for it.
OPINION
In Michael Flynn case, Judge Sullivan's gross overreach turns justice into mob rule
The case against Micheal Flynn is abusive and should be dismissed, as the Justice Department requests. But Judge Emmet Sullivan has other ideas.
Jonathan Turley
Opinion columnist
The case of former national security adviser Michael Flynn is rapidly moving from the dubious to the preposterous. U.S. District Judge Emmet Sullivan is being widely applauded for resisting the dismissal of a case that the Department of Justice insists cannot be ethically maintained.
Faced with no dispute between the parties, Sullivan decided to create a contested case by inviting in third parties to create a conflict and now is suggesting that he may substitute his own criminal charge rather than let Flynn walk free. In the past, I have publicly praised Sullivan. However, this is fast becoming a case of gross judicial overreach as the court appears to assume both judicial and executive powers. Sullivan can disagree with the exercise of prosecutorial discretion, but he cannot substitute his own judgment for it.
“At the appropriate time, the court will enter a scheduling order governing the submission of any amicus curiae briefs,†Sullivan wrote. Never has a more innocuous line left a more ominous meaning. After that order, the judge proceeded to appoint retired Judge John Gleeson to argue against dismissal in the absence of a dispute between the parties. He is effectively outsourcing the argument to introduce a dispute. This move is nothing to celebrate.
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https://www.usatoday.com/story/opinion/2020/05/18/michael-flynn-jonathan-turley-judge-sullivan-fbi-column/5212869002/
