Months ago, it seemed as if Judge Emmet Sullivan was doing everything he could to keep the Michael Flynn case alive until at least the election. Well, we’ve passed the election (sort of) and it looks like there’s a possibility the Biden Justice Department could reinstate the case that was dropped by the Trump Justice Department. George Washington University Law Professor Jonathan Turley looks into it:
In the last hearing, Justice Sullivan asked about whether a Biden Justice Department might be able to reinstate the case. It left the troubling appearance that Sullivan was prosecutor shopping, delaying the case until after an expected Biden electoral victory.
— Jonathan Turley (@JonathanTurley) November 25, 2020
No kidding. He’s done everything he can to delay. The option, and it’s a likely one, is that President Trump pardons Michael Flynn — the only downside being that Flynn must be assumed guilty to receive a pardon, and Flynn’s fighting to clear his name.
This could be a rare pardon where the court's conduct — and refusal to issue a final decision — is a substantial factor in the presidential action. https://t.co/Mvcpkjutmw
— Jonathan Turley (@JonathanTurley) November 25, 2020
Turley writes for Fox News:
From the outset, Sullivan’s handling of the case was unsettling and irregular. This should have been a simple sentencing on a simple criminal count. After all, Flynn cooperated with federal prosecutors and even uncooperative witnesses like Alex Van Der Zwaan received only 30 days in prison on a similar charge. However, in his first sentencing hearing, Sullivan blew up the proceedings with a bizarre diatribe.
Using the flag in court as a prop, Sullivan falsely accused Flynn of being an “unregistered agent of a foreign country while serving as the national security adviser” who sold his country out.
Sullivan even suggested Flynn should have been charged with treason, then suggested he might ignore any recommendations and send Flynn to jail when he declared, “I cannot assure you that if you proceed today, you will not receive a sentence of incarceration. I am not hiding my disgust and my disdain.”
“I am not hiding my disgust and my disdain.” Sounds like a level-headed arbiter of justice weighing in on a peaceful transition of power to the Trump administration.
The strongest case for a pardon for Flynn, however, was not made by his lawyers as much as his judge, the Honorable Emmet Sullivan. Sullivan’s continued controversial actions in the case could be cited as a credible, if not a compelling basis, for a pardon of Flynn.
— Jonathan Turley (@JonathanTurley) November 25, 2020
Shameful
— Peter S. Partee, Sr. (@ParteeSr) November 25, 2020
Truly sick that Trump would have to do this and a judge could miscarry justice in this manner!
— PL (@LPTRAVELING) November 25, 2020
Judge Sullivan's actions have cratered my former respect for the Judiciary.
— Just Tom (@thomasa56) November 25, 2020
Judge Sullivan should be impeached!
— Xgboy ?? (@TerryMoore324) November 25, 2020
What recourse is there for Flynn when Judge Sullivan has done nothing to move the trial towards a conclusion.
Nothing.— Mickey Zhivago (@MickeyZhivago) November 25, 2020
The inability or refusal of the Circuit to bring this bizarre episode to a close is among the most explicit examples of broad and pervasive corruption that I think we’ve seen in this country. Something is wrong with this picture.
— Joseph Bevilacqua (@joebev49) November 25, 2020
The whole is a farce, the court was never going to grant Flynn a retrial or the charge dropped, they want the President to pardon so they can say, Flynn was never exonerated by the justice.
— Steven VB ???? (@vbislands) November 25, 2020
What we have in our justice are a bunch of activists, they would continue once Trump is out of office, they want to punish Trump and his whole family and his supporters.
— Steven VB ???? (@vbislands) November 25, 2020
It won't happen.@SidneyPowell1 warned Trump NOT to pardon @GenFlynn. While Presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen the stigma arising from a conviction, it will not erase or expunge the record of your conviction.
— Stoney Van Kraken (@StoneyChavez) November 25, 2020
General Flynn needs to be exonerated! He pled guilty under duress! This is an outrage and miscarriage of justice!
— Tamar Plym ?? (@PlymTamar) November 25, 2020
I wish this wouldn’t have leaked out and he waited until January. See what Sullivan did up until now. No way Sullivan dismisses the case now before January 20th knowing this new news.
— Drew Hawk (@WeGotOneBich) November 25, 2020
Gag order is removed when he is pardoned.
— póg_mo_thóin (@S0uthSide_Irish) November 25, 2020
Interesting.
* * *
Update:
This just came across as we were writing this post:
It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon. Congratulations to @GenFlynn and his wonderful family, I know you will now have a truly fantastic Thanksgiving!
— Donald J. Trump (@realDonaldTrump) November 25, 2020
BREAKING: Trump pardons former national security adviser Michael Flynn, who pleaded guilty to lying to the FBI — by @PostRoz https://t.co/yyAKOBNQUa
— Michelle Ye Hee Lee (@myhlee) November 25, 2020
Related:
Judge in Michael Flynn case pushes it back so it won’t be resolved until after the election https://t.co/qP11Pq3q9k
— Twitchy Team (@TwitchyTeam) September 1, 2020
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