Brief Slaps District Judge in Flynn Case

Brief Slaps District Judge in Flynn Case

( – The judge overseeing the potential dismissal of charges against former National Security Adviser Michael Flynn was slapped by a group of attorneys for his handling of the case. Judge Emmet Sullivan is under scrutiny for his refusal to dismiss charges against Flynn at the request of the DOJ. For those concerned about political bias in the court, the refusal by Sullivan to dismiss the case against Flynn ought to be concerning and chilling.

In his ruling, Judge Sullivan took the highly unusual step for a District Court to allow amicus briefs by those who do not agree with the DOJ’s decision. An amicus brief is a legal document filed by a person, persons, or entity in a case that is usually under appeal. That’s what makes Sullivan’s request odd. The case is not in appeal; it’s being dismissed by the DOJ.

Amicus Brief Is Filed

As a result of Sullivan’s request for the amicus briefs, a bipartisan group of lawyers submitted one to the court, laying out the incompetence of Judge Sullivan and the reasons why the case should be dismissed.

1. Prosecutorial Misconduct

The brief quotes the Motion to Dismiss saying that the DOJ is not persuaded that the FBI conducted a legitimate investigation into Flynn and, therefore, his statements were not material even if they were untrue. Senior FBI agents interrogating Flynn without him knowing it was an interrogation in the White House, and they applied pressure to Flynn to force the confession by threatening his family. In addition, other documents have come out revealing that their motive was to get him prosecuted or fired as a part of a political agenda.

2. Plea Entered Without All the Information

The attorneys assert that new revelations about the FBI’s intent and illegal withholding of information from Flynn, his attorneys, or the court, led to Flynn not having all the proper information to make an informed plea decision.

3. Separation of Powers

The filing argues that the Constitution only gives the power to charge and dismiss crimes to the executive branch. Using one example, the brief offered a ruling by the Supreme Court in Wayte v. United States (1985) in which it said the Constitution’s “Take Care” clause (Art. II, § 3) places the power to prosecute in the executive branch, just as Article I places the power to legislate in Congress.

4. Ongoing Harassment

The attorneys also assert that prosecutorial harassment is illegal and the court is fundamentally undermining the executive branch. Therefore, this could be considered as illegal harassment of Flynn.

5. Can’t Obtain a Conviction

If a prosecutor believes there is sufficient reason to think they cannot get a conviction by a jury, then it is not reviewable by a court. That decision rests with the prosecutor alone.

6. Guilty Plea Does Not Equate to a Conviction

Flynn is innocent until proven guilty by a court of law. A conviction only occurs when a sentence is imposed and a judgment is entered. While a guilty plea provides a basis for conviction, it is not a conviction in itself. Up until the time of the conviction, pleas can be withdrawn and prosecutors can dismiss.

7. Judge Is Neither Impartial nor Neutral

The court must be guided by neutral principles of law, which are not being applied in this case. According to the law, unless a defendant is being abused by the government, which is not the case in this circumstance, the court is only an administrator. Therefore, it must grant the dismissal.

8. No Basis for a Contempt Charge

Withdrawing a plea is not eligible for a contempt charge by the court, nor is it illegal to do so. Because Flynn did not have all the information properly disclosed to him and his counsel, he did not commit perjury and had a right to withdraw his plea.

Hearing Before the DC Circuit Court of Appeals

After Sullivan’s hostile action to act as an attorney, jury, and judge, Flynn’s lawyers filed a motion to dismiss with the DC Circuit Court of Appeals. Last week, the higher court ordered Judge Sullivan to explain himself as they consider Flynn’s case.

There is an evolving story. Check back often for updates.

By Don Purdum, Freelance Contributor

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