The Constitution Requires Judge Sullivan’s Lawless Amicus Order Against Michael Flynn Be Overturned; Flynn Judge Ignores Shocking Record of False Guilty Pleas

By The Federalist. On May 13, Judge Emmet Sullivan issued a blatantly biased and unconstitutional order in the long-lasting Michael Flynn criminal case. To preserve the rule of law and our constitutional separation of powers, the Department of Justice has no choice now but to seek a writ of mandamus from the D.C. Circuit Court ordering the criminal charge against Flynn dismissed and reassigning the case to another judge. . .

Soon after Judge Sullivan announced he would accept amicus briefs, a group of lawyers operating under the moniker Watergate Prosecutors filed a notice of its intent to file an amicus brief. That a group of left-leaning lawyers intended to relitigate Obamagate via the Flynn case wasn’t surprising. What was surprising—no, unbelievable—is what Judge Sullivan did on Wednesday: He entered an order “appoint[ing] The Honorable John Gleeson (Ret.) as amicus curiae to present arguments in opposition to the government’s Motion to Dismiss.”

This order was jaw-dropping for two reasons. First, the U.S. Constitution makes clear that the judiciary has no business second-guessing prosecutorial decisions. In fact, the very case Judge Sullivan cited for the proposition that he had the inherent authority to appoint an amicus curiae—United States v. Fokker—made clear Sullivan’s order was lawless.

In that case, the government had criminally charged Fokker Services with violations of export control laws. The government and defendant entered a deferred prosecution agreement, under which the government would dismiss the charges in exchange for Fokker Services agreeing to several compliance provisions. But when the parties went before a federal district court judge to formalize the arrangement and a waiver of the Speedy Trial Act, the presiding judge refused to accept the waiver—which in essence doomed the agreement—because he believed the agreement was too lenient on the business owners.

The government filed a “writ of mandamus” with the D.C. Circuit Court. A writ of mandamus is a procedural machination that allows a party to seek to force a lower court to act as required by law. The Fokker court explained that while mandamus is an extraordinary remedy, it is appropriate where the petitioner: (i) has “no other adequate means to attain the relief he desires”; (ii) “show[s] that his right to the writ is ‘clear and indisputable’”; and then “(iii) the court ‘in the exercise of its discretion, must be satisfied that the writ is appropriate under the circumstances.’” (Read more from “The Constitution Requires Judge Sullivan’s Lawless Amicus Order Against Michael Flynn Be Overturned” HERE)

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Flynn Judge Ignores Shocking Record of False Guilty Pleas

By The New York Sun. . .The fact is that it’s by no means rare for persons to plead guilty to crimes they didn’t commit. Some are scared. Others confused. Some lack the intestinal fortitude or financial wherewithal to stand up against the warnings or threats from the prosecutors. What’s so unusual in the Flynn case is that the Democrats and liberals are siding against the poor schlepper caught in the prosecutorial vice. . .

Some 95% of felony convictions in America, the Website notes, are obtained through guilty pleas. Among persons known to be exonerated, it reports, a staggering 18% pleaded guilty to crimes they didn’t commit. It is a humbling statistic for those of us who cover the courts. The filing of a guilty plea by an innocent party occurs at a pace that leaves GuiltyPleaProblem.com saying: “there’s no telling how many are behind bars as a result.”

So where are the liberals now? Where’s the logic of Judge Sullivan getting up on his high horse over the idea that someone in his court might move to withdraw a guilty plea? The idea that General Flynn was uncomfortable with his own plea deal can’t be a surprise to the judge. It was already in the air when the judge erupted at the general at a now-infamous hearing in open court back in December 2018.

That’s the hearing at which the judge declared, “I’m not hiding my disgust, my disdain, for this criminal offense.” With the judge listing the general’s misdeeds, the Washington Post reported at the time, “was not how Flynn’s supporters or Trump thought Tuesday’s sentencing hearing would unfold.” They’d hoped Judge Sullivan would be the one “who would reveal overreach by special counsel Robert S. Mueller III and the FBI.” (Read more from “Flynn Judge Ignores Shocking Record of False Guilty Pleas” HERE)

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