(UnitedVoice.com) – In a case about court overreach, a DC Circuit Court of Appeals panel overturned US District Judge Emmet Sullivan’s orders to continue trying former National Security Adviser Michael Flynn. The Department of Justice (DOJ) filed a motion to dismiss Flynn’s case last month when it was revealed senior FBI officials were following a political motive. They wanted to trap Flynn and use him to initiate Russian collusion investigations against President Donald Trump.
Over the last few months, documents released by the DOJ and Judge Sullivan revealed the true intentions of FBI Director James Comey, Assistant FBI Director Andrew McCabe, and Senior FBI official Peter Strozk. The documents show they were conspiring to get Flynn fired or prosecuted.
#FLYNN docs just unsealed, including handwritten notes 1/24/2017 day of Flynn FBI interview. Transcript: “What is our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?” Read transcript notes, copy original just filed. @CBSNews pic.twitter.com/8oqUok8i7m
— Catherine Herridge (@CBS_Herridge) April 29, 2020
FBI field agents determined that there was no evidence to suggest Flynn had done anything wrong as a member of the Trump transition team in December 2016 and January 2017. Yet, Strzok ordered the investigation open and Comey initiated the Mueller investigation that yielded the same determination as FBI investigators. Primarily, there was no Russian collusion.
DOJ Files Dismissal – Judge Oversteps Boundaries
Despite destroying Flynn’s reputation and career, once the DOJ determined that he committed no wrongdoing, they filed to dismiss the charges. The defense agreed with the DOJ’s position and that should have been the end of it. However, Sullivan had other plans.
Going back to early 2018, Sullivan, a Clinton appointee, said that, without a trial or proof, Flynn was a traitor.
His built-in biases showed up again when he refused to acknowledge the DOJ’s request to dismiss. Instead, Sullivan took it upon himself to not accept it. The judge even went as far as to set up a “kangaroo court” to determine if he could replace the DOJ to prosecute the case, violating the separation of powers.
Appeals Court Orders Sullivan to Stop – Sullivan Backs Down
On Wednesday, a three-member panel of the DC Circuit Court of Appeals ordered Sullivan to dismiss the case. The court ruled that there was no basis to continue as the prosecution and defense agreed. It further stated that Sullivan did not have the authority to prosecute the case. The Appeals Court also said it’s for the executive branch to decide, and the executive branch alone.
Sullivan argued under Rule 48 that he had the right to pursue his idea of justice. However, the appellate court said Rule 48 “gives no power to a district court to deny a prosecutor’s… motion to dismiss charges based on a disagreement with the prosecution’s exercise of charging authority.” Furthermore, the court said Sullivan didn’t have the authority to continue considering that the DOJ uncovered an injustice against Flynn.
As a result, Sullivan has finally backed down and issued a stay, ordering that all further deadlines and hearings he set, be canceled. That doesn’t mean, at this point, Sullivan has followed the order of the Appeals Court. To date, he has not dismissed the case against Flynn and could ask the full nine-member court to hear his position and rule.
On Wednesday, Flynn called into the Rush Limbaugh Show and told him that it isn’t over and that he expects the fight to continue. There is too much at stake for the deep state, and Flynn likely knows where the skeletons are buried. Flynn told Limbaugh that it was a good day for the American people and the justice system. At some point in the future, Flynn said he would have a lot to say when this is over.
For now, the fight to uncover wrongdoings and to bring bad actors to justice continues.
By Don Purdum, Freelance Contributor