As Twitchy recently reported, Judge Emmet G. Sullivan isn’t just giving in to the Justice Department’s motion to dismiss the charge against Michael Flynn. He’s appointed a retired judge named John Gleeson “to present arguments in opposition to the government’s motion to dismiss.” In other words, it looks like Sullivan is still trying to pursue charges against Flynn, particularly contempt of court for perjury, even though the government had decided there’s no ethical reason to pursue the case.
Law professor and constitutional scholar Jonathan Turley has already weighed in on Sullivan, but he says this latest move is “unnerving.”
Judge Sullivan has now appointed a retired judge to look into “whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury.” Thus, the court is not only considering denying an uncontested motion for dismissal but…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…but considering a new charge based on Flynn's effort to withdraw his plea. Consider the implications for many cases where defendants seek to withdraw pleas due to prosecutorial abuse. It would create a threat of a judicial charge even when prosecutors agree with defendants.
— Jonathan Turley (@JonathanTurley) May 14, 2020
Judge Sullivan was previously criticized for suggesting that Flynn could be charged with treason. He is now allowing third parties to make arguments in a criminal case on an unopposed motion. In addition, he is exploring a charge that he might be able to bring against Flynn…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…These extraordinary moves by the court are increasingly discomforting. This is a single charge where significant jail time was neither warranted nor expected. The Court's effort to import arguments and explore new charges could be raised on appeal given the prior record…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…there comes a point where the Court appears too invested in the punishment of a defendant and too active in creating alternatives to dismissal. As a criminal defense attorney, I find these moves unnerving, particularly when prosecutorial abuse has been raised by DOJ and others
— Jonathan Turley (@JonathanTurley) May 14, 2020
Judge Sullivan most definitely appears “too invested” in Flynn’s punishment.
They're just trying to get President Trump to pardon Gen. Flynn so that the judge won't sign the paperwork and give Flynn a victory.
It's that simple.— World View (@realconsrv1) May 14, 2020
We’re hearing that a lot, and it’s next to certain that President Trump would pardon Flynn.
They don’t want Flynn acquitted. They want Trump to pardon him. If acquitted he can serve the admin and out the perpetrators of this fraud. If he is pardoned, he is effectively silenced.
— Look, Fat (@LookFat3) May 14, 2020
They want Trump to get so pissed that he wields his power and pardons Flynn. Then they can use that against him as a political move. The coup is ongoing.
— “Conspiracy” Realist (@therightwayguy) May 14, 2020
At what level does this sort of judicial reprisal result in impeachment?
— Michael Edwards (@photographycwC) May 14, 2020
Let’s just say it. Judge is a partisan abuser of power.
— JeaniegirlDC (@jeaniegirldc) May 14, 2020
This is a politically-motivated judge who is now taking on the role of politically-motivated prosecutor.
— Terry Welty (@terrywelty) May 14, 2020
The United States vs Flynn, changed to Judge Sullivan vs Flynn. Well done US Justice System.
— Murder Hornet (@CO_Block_Chain) May 14, 2020
It won't end well.
One wonders what value there is in continuing.
— cbg (@gribneau) May 14, 2020
On the face of it; to buy time and Sullivan's raw TDS … other reasons are likely, and they'll become clear.
— VPL (@victorpapalima) May 14, 2020
Judge Sullivan was too invested in punishment from the start.
— Oak Wood (@WoodOak1999) May 14, 2020
This is a shameful act by a rogue judge.
— Tony (@Tony79887702) May 14, 2020
As a prosecutor, I find this extremely unsettling. I hope Flynn sues for costs and malicious prosecution.
— tracy (@705Tracy) May 14, 2020
Judge Sullivan digging his own grave?
— Not in a Blue Moon MAGA TEXT TRUMP to 88022 (@notinabluemoon) May 14, 2020
Obama’s leaked phone call is behind this.
— sandy (@sgalicastro) May 14, 2020
You mean the “private” phone call with former administration officials in which he incorrectly claimed Flynn had been found guilty of perjury, whose audio just happened to be “obtained” and published by Yahoo News’ Michael Isakoff? And now the judge is looking for a way to find Flynn guilty of perjury. Hmm.
Taking his orders from Obama, and then appointing a judge who published an opinion piece in Sunday's paper on this matter.
— Carpetfrog (@Carpetfrawg) May 14, 2020
Why didn’t Flynn make an Alford Plea? If he did, he wouldn’t be in this position. You know that!!!!!
— Grant Mason (@GrantMason3) May 14, 2020
His original lawyers, part of the firm where ERIC HOLDER IS A PARTNER, were working with the prosecution against Flynn’s best interests. Things didn’t turn around for Flynn until Sidney Powell took over his case.
— Name Redacted Open the Country! ⭐️⭐️⭐️ (@Purrcival1) May 14, 2020
Please just admit that this is political. Say it out loud Mr. Turley because it’s the truth. Don’t bury the lead, speak up.
— Kass (@nocarbolinos) May 14, 2020
Damn what does Flynn know that the Justice Department is trying to cover up?
— Michael J. Frog (@MichaelJ_Frog) May 14, 2020
Somebody needs to rein this judge in. He’s made this personal since day one, and his prejudice is clear. I understand feeling his forum was misused, but the ones who misused it were former counsel for the DOJ. He doesn’t get to try a case the DOJ now sees fit to drop.
— Cali Wolverine (@GoBlueEsq) May 14, 2020
Related:
Jonathan Turley argues that Judge Emmet Sullivan is ‘unlikely to go quietly into the night,’ though nothing will change https://t.co/HapFUXtmYv
— Twitchy Team (@TwitchyTeam) May 13, 2020
